1 S.B. Cr. Misc.Petition No.144/2010 Ashok @ Attar Singh VS. The State Dated : 25.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. MC Jain, for the petitioner. Mr. Amit Punia, PP for the State. *** By way of this criminal misc. petition filed under Section 482 of Cr.P.C. the accused petitioner has prayed to set aside the order dated 29th April, 2009 rendered by Additional Civil Judge (Jr.Div.) Jaipur city, Jaipur, whereby the learned trial Court dismissed the application filed by the accused petitioner under Section 70(2) of Cr.P.C wherein it was urged to convert the warrant of arrest into the bailable warrant. 2. Heard learned counsel for the petitioner and perused the impugned order dated 29th October, 2009. 3. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the impugned order, it is noticed that one criminal case in the offence under Section 16 read with section 54 of Rajasthan Excise Act was pending against the petitioner. The accused Ashok @ Attar 2 Singh did not appear in the Court on 1st December, 2004, as a result of which the bail bonds of the accused were forfeited and warrant of arrest was issued against him. The accused submitted before the learned trial Court that he could not appear in the Court on account of the fact that his Advocate had made him to understand that his case had been decided by the Court. When he came to know about the issuance of warrant of arrest against him, he filed an application under Section 70 (2) of Cr.P.C. for converting the warrant of arrest, into bailable warrant. 4. The accused petitioner is found to be literate and student of law. He is not uneducated and illiterate. He could not have been made to understand very easily that his case had already been decided by the Court. The reason furnished by the accused petitioner does not seem to be genuine and probable. He absented himself on 1st November, 2004 in the Court and thereafter remained absconding for about 5 years. Thus, he hampered the trial of the case. The learned trial Court rightly issued a warrant of arrest against him. I do not find any merit in the petition, which can lead me to infer that the learned trial Court had committed any abuse of the process of the Court. The criminal Misc. Petition is totally devoid of merits and has been filed against the 3 provisions of law. So far as the conversion of non-bailable warrant into bailable warrant is concerned, the power lies to cancel the warrant of arrest under Section 70(2) of Cr.P.C. with that court which issued it. I do not find any illegality or infirmity in the impugned order. 5. For the reasons stated above, the criminal Misc. petition being bereft of merits stands dismissed at the threshold and thus, the stay application also stands dismissed accordingly. (MAHESH BHAGWATI)J. pcg