Girdhari Singh Kuladia vs State Of Rajasthan

Sameer Jain, J

The present petition under Section 482 of CrPC read with Section 70(2) of CrPC is filed with the following prayer:

“It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed, impugned order dated 28.7.2022 passed by the learned Judicial Magistrate, Sujangarh forfeiting the bail-bonds and order dated 19.10.2023 passed by ADJ, Sujangarh, may kindly be quashed and set aside and the appearance of the petitioner may kindly be ordered to be procured through bailable warrant instead of non-bailable warrant.

Any other appropriate order which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the humble petitioner.”

. Heard learned counsel for the petitioner and the learned Public Prosecutor.

Considering the arguments advanced by both the sides, considering the nature of offence; that the non-appearance of petitioner before the Trial Court was not intentional; that petitioner has no criminal antecedents, and looking to the overall facts and circumstances of the case, but without commenting upon merits/demerits of the case, this Court is inclined to allow the present petition, subject to the condition that the petitioner deposits a cost to the tune of Rs. 10,000/- before the Trial Court.

Accordingly, the impugned orders dated 28.07.2023 and 19.10.2023 are quashed and set aside and the non bailable warrants are converted to bailable warrants. The petitioner is directed to appear before the Trial Court on 11.12.2023 and deposit the aforementioned cost.

The present petition stands disposed of in the above terms.