CRLMP450/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.450/2010 Purushottam Lal @ Tonia Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 01.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Shailender Balwada, Counsel for petitioner Shri Peeyush Kumar, Public Prosecutor #### By the Court:- This petition under Section 482 Cr.P.C. has been filed by petitioner assailing order dated 04.01.2010 of learned Additional Sessions Judge, Khetri, District Jhunjhunu, in Criminal Revision No.133/2009 whereby revisional court dismissed revision petition filed by petitioner and affirmed the order dated 09.011.2009 of learned Juridical Magistrate, Khetri, District Jhunjhunu, in Criminal Case No.520/2005 dismissing petitioner's application under Section 70(2) of Cr.P.C. Petitioner had requested that standing arrest warrant issued against him by the trial court on 12.01.2006 be converted into bailable warrant but his request was rejected by the trial court. CRLMP450/2010 // 2 // Contention of learned counsel for petitioner is that alleged offence against petitioner is under Section 19/54 of the Rajasthan Excise Act. Recovery is made at the instance of co-accused Deepak Kumar and that offence is triable by court of Magistrate. Police did not file any challan against petitioner. It is the trial court which has taken cognizance against petitioner on application of Assistant Public Prosecutor under Section 190 Cr.P.C., without issuing notice and affording any opportunity of hearing to him. He would undertake to regularly appear before the court on each and every date as and when called upon to do so. It is therefore prayed that standing arrest warrant be converted into bailable warrants. Learned Public Prosecutor opposed the petition. Considering all facts and circumstances of case and willingness of petitioner to appear before the court concerned, I deem it appropriate to grant the prayer. The criminal misc. petition under Section 482 Cr.P.C. is allowed. Impugned orders dated 09.11.2009 and 04.01.2010 are set-aside. Standing arrest warrant of petition is CRLMP450/2010 // 3 // converted into bailable warrants in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each and he shall submit fresh bail bonds in aforesaid sum in that court. This is however without prejudice to the continuation of proceedings under Section 446 Cr.P.C. This Criminal Misc. Petition under Section 482 Cr.P.C. is disposed of with aforesaid observation. (Mohammad Rafiq) J. //Jaiman//