Ramchandra Gurjar Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3859 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Petition No. 4817/2021

Ramchandra Gurjar Son Of Shri Mohar Lal Gurjar, Aged About 64
Years, Resident Of Village Dholi, Rahuwas, District Dausa (Raj.).
                                                                   ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                 ----Respondent

For Petitioner(s) : Mr. Brijesh Kumar Bhardwaj, Advocate For Respondent(s) : Mr. S. S. Ola, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 18/08/2021

This petition has been filed under Section 482 Cr.P.C. against

the order dated 15.07.2021, passed by the Additional Sessions

Judge, Women Atrocities Cases, Jaipur Metropolitan-I, in misc.

criminal case No. 86/2020 (original criminal case number

59/1997), FIR No. 132/89, PS Brahmpuri, District Jaipur, whereby

the application filed under Section 70(2) of Cr.P.C. was dismissed.

Learned counsel for the petitioner has submitted that

petitioner is poor and illiterate person and case was pending in the

trial Court since long. Learned counsel for the petitioner gave

assurance to the petitioner that he would inform the petitioner to

appear in the court if need arises, therefore, the petitioner could

not appear before concerned trial Court. When this fact came into

the knowledge that the petitioner has been declared absconder on

24.01.1994, the petitioner filed an application under Section 70(2)

of Cr.P.C. without any further delay. The cause of absence is

(2 of 2) [CRLMP-4817/2021]

bonafide and unintentional. Therefore, the arrest warrant

deserves to be converted into bailable warrant.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor.

The perusal of the impugned order dated 15.07.2021,

reveals that the FIR in this case was lodged in the year 1990, for

offence under Sections 366, 368, 376 and 120B of IPC. Charge-

sheet was filed in the trial Court. During trial, the petitioner

appear before the concerned trial Court from the year 1990 but

thereafter, he absented himself from the trial. Finally, he was

declared as an absconding accused on 24.11.1994. The judgment

was passed qua the remaining accused persons on 11.09.1997.

The petitioner remained absent from the trial for extra ordinary

long period of 27 years. Standing warrant was issued him by the

trial Court. Now, this application has been filed to convert the

standing warrant into bailable warrant. The learned trial Court has

rightly held that the accused has misused the benefit of bail

granted to him and has remained absent for a long period of 27

years in the trial for a heinous offence under Section 376 IPC.

Thus, petitioner has misused the benefit of bail granted to

him and has abused the process of law, thereby, delaying the trial

in a heinous offence for a very long period of 27 years. Therefore,

no case is made out for allowing the petition and converting his

non-bailable warrant into bailable warrant. The order passed by

learned trial Court does not suffer from any vice of illegality.

Petition is devoid of any merit and is liable to be dismissed.

Dismissed.

(MANOJ KUMAR VYAS),J

Pooja /139

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