IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Miscellaneous Petition No.2389 of 2008. Arshad @ Guddu son of Shri Khurshid. VERSUS The State of Rajasthan Date of Order :::: 19/01/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Rajeev Sogarwal, Counsel for the Petitioner Ms. Manju Dave, Public Prosecutor for the State By the Court : Accused-petitioner viz., Arshad @ Guddu, who is facing trial for the offence under Sections 364-A, 302, 201, 120-B and 394 of the I.P.C., because of his illness remained absent before the trial Court on 21.02.2007 to 25.09.2007. The trial Court issued arrest warrant against him. Accused-petitioner without appearing before the trial Court has moved an application with the prayer to convert the arrest warrant into the bailable warrant under Section 70 (2) of the Cr.P.C. and the same came to be dismissed vide order dated 20.11.2008, against which this miscellaneous petition under Section 482, Cr.P.C. has been preferred. At the admission stage, with the consent of both the parties, this miscellaneous petition is being disposed of finally. Heard learned counsel for the parties. If the arrest warrant is issued under Section 70 of the Cr.P.C., remains in force, until it is cancelled by the Court, which has issued or it is executed. The learned counsel for the petitioner pleaded that under Section 70 (2) of the Cr.P.C. arrest warrant can very well be converted into bailable warrant without the accused remaining present in the Court, but the arguments, so advanced is felicitous because once an arrest warrant is issued, then it can either be executed or cancelled. The bailable warrant can be issued by the Court under Section 71 of the Cr.P.C. Under this Section the Court can only order the release of the person arrested and can lay down the condition for such release. The question as to whether a direction for the release of the arrested person on bail should be endorsed on the warrant under this Section, is entirely left to the discretion of the Court issuing the warrant. Under Section 70 of the Cr.P.C. if an arrest warrant is issued, then it for the person concern against whom arrest warrant is issued either to appear before the Court or to get the warrant executed. Once the person against whom an arrest warrant is issued, appears before the Court and moves a petition, it is obligatory on the part of the Court to decide the same on the same day without adjournment and without remanding the accused to a few days. In the instant case, the accused is facing trial for commission of offence under Section 302 of the I.P.C., and once the benefit of bail given to him has been misused by him by remaining absent in the Court, it is a sole discretion of the Court to issue warrant of arrest and it neither lies in the mouth of the petitioner that he should be summoned only through bailable warrant. The order issued by the Lower court is perfectly legal and proper, and no interference is warranted, in the said order dated 20.11.2008, by this Court, in the exercise of jurisdiction under Section 482 of the Cr.P.C. Consequently, this miscellaneous petition stands dismissed. (Bhanwaroo Khan) J. ashok/