1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL REVISION PETITION NO. 770/2007 (Girdhari Lal Vs. State of Rajasthan) Date of Order : 10.08.2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. S.R.Sharma, for the petitioner. Mr. V.R.Mehta, P.P. for the respondent State. BY THE COURT:- Issue notice for final disposal. Mr. V.R.Mehta, public prosecutor accepts the notice for the State. With the consent of learned counsel for the parties, the revision petition itself is finally heard and decided at the admission stage. By the instant criminal revision under Section 397/401 Cr.P.C., the petitioner has challenged the order dated 23.7.2007 passed by Additional Sessions Judge, Deedwana, (for short 'the trial court' hereinafter) whereby the trial court dismissed the application seeking dispensing with the personal appearance of the petitioner and forfeited the bail bonds and declared the petitioner absconder. Heard learned counsel for the parties. Perused the 2 order impugned. From the perusal of the order impugned, it appears that the petitioner is facing trial before the trial court in Sessions Case No.22/06. The matter was posted for arguments on charge and framing of the charge on 23.7.2007. The petitioner failed to appear before the trial court on the date fixed. An application was moved seeking dispensing with the personal appearance of the petitioner. However, the trial court keeping in view the fact that except the present petitioner, the charges against the various accused facing trial have already been framed and therefore, declined to accept the application seeking dispensing with the personal appearance and forfeited the bail bonds, initiated proceedings under Section 446 Cr.P.C. and issued a warrant of arrest to secure the presence of the petitioner as also the proceeding under Section 82-83 Cr.P.C. was initiated. Learned counsel for the petitioner submits that the next date fixed before the trial court is 31.8.2007 and 1.9.2007 for recording the evidence of the prosecution witnesses and the petitioner is prepared to surrender before the trial court on or before 24.8.2007. In view of the statement of the learned counsel for the petitioner, the petitioner is directed to surrender before the trial court on or before 24.8.2007 and if the petitioner surrenders before the trial court and moves a regular bail in 3 early hours of the Court, the trial court shall consider and decide the same in accordance with law on the very day keeping in view the fact that the petitioner was earlier granted bail by this Court. Till 24.8.2007, the warrant of arrest issued against the petitioner shall not be executed. However, it is made clear that if the petitioner fails to surrender on or before 24.8.2007 before the trial court, it will be open for the trial court to secure the presence of the petitioner by a warrant of arrest. The order initiating proceeding under Section 82-83 Cr.P.C. stands set aside. With these directions, the revision petition stands disposed of. (H.R.PANWAR),J. rp