S.B. Criminal Misc. Petition No.608/2010 Chhotu Khan Vs. The State of Raj. Dated : 16.04.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Mukesh Kr. Goyal, for the petitioner. Mr. GS Fauzdar, PP for the State. *** By way of this criminal Misc. Petition filed u/s 482 of Cr.P.C., the petitioner has implored to set aside the order dated 25th February, 2010 passed by Judicial Magistrate No.10, Jaipur City, Jaipur whereby he declined to change the nature of the warrant issued by the Court. Heard learned counsel for the parties and perused the impugned order. Learned counsel for the petitioner canvassed that the petitioner has been facing trial for the offences u/s 341 and 323 of IPC. Both the offences are bailable. He further canvassed that since the petitioner had gone to earn his livelihood, he could not appear before the Court and the learned court issued the warrant of arrest to procure his appearance. The petitioner assigned the reason for his non-appearance in the Court and prayed to convert the warrant of arrest into bailable warrant under sub Section (2) of Section 70 of Cr.P.C., but the learned trial Court declined to do so. Since the absence of the accused petitioner was unintentional and he had -2- gone to earn his livelihood, a liberal view may be taken and nature of the warrant issued by the learned trial Court be changed. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the impugned order dated 25th February, 2010, it is noticed that this criminal case has been pending trial against the accused for the last ten years in the Court of Judicial Magistrate No.10, Jaipur City, Jaipur. It is further noticed that the accused remained absent in the Court on 14th October, 2005, as a result of which his bail bonds were forefeited and he was summoned through a warrant of arrest. The court issued warrant many a times to procure the appearance of the accused but the same was never executed upon him. He remained absconding for five years. He still evading arrest. It is true that the offences for which the accused petitioner has been facing trial are bailable but at the same time it cannot be denied that he has misused the right of bail and he has been absconding for last five years. The learned trial Court has rightly dismissed the prayer of the accused petitioner for converting the warrant of arrest into bailable warrant. The impugned order rendered by the learned trial Court seems to be just and proper and suffers from no -3- legal infirmity. Thus, in view of the above, the impugned order warrants no intervention and the petition deserves to be dismissed. For the reasons stated above, the criminal Misc. petition, being bereft of any merit, stands dismissed at the threshold. (MAHESH BHAGWATI)J. Pcg