Mangli Devi vs State of Rajasthan

R.S. Chauhan, J.—Aggrieved by the order dated 30.10.2010, passed by the learned Additional Chief Judicial Magistrate, Gangapur City, District Sawaimadhopur, whereby the learned Magistrate has rejected the Petitioner''s application u/s 70(2) Cr.P.C., the Petitioner, who happens to be a lady, has approached this Court.

The Petitioner was involved in a criminal case for offences under Sections 341, 323 IPC. In the year 2004, since the Petitioner could not appear before the trial court on 24.11.2004, arrest warrants were issued on 21.04.2010 against her. It is the case of the Petitioner that she belongs to an extremely poor family. In order to earn a livelihood, she and her husband had left the village and had shifted to Jaipur to work as labourers. Immediately upon knowing that there is an arrest warrant issued against her, she moved an application u/s 70(2) Cr.P.C. However, vide order dated 30.10.2010, said application has been dismissed.

Mr. Mukesh Kumar Goyal, the learned Counsel for the Petitioner, gives an undertaking before this Court that the Petitioner will appear before the learned trial court on 23rd March, 2011 and will face the trial.

Heard the learned Counsel for the parties.

Considering the fact that the Petitioner happens to be a lady, considering the fact that she was working in Jaipur and had no information about the date of her trial, this Courts directs that the non-bailable warrants of the Petitioner shall be converted into bailable one. The Petitioner, Mangli Devi W/o Bharatlal, shall appear before the trial court on 23rd March, 2011 and shall furnish the bail bonds to the satisfaction of the trial court.

With these observations, the petition is, hereby, allowed.