RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioner challenging the order dated 03.02.2020 whereby the application submitted by the petitioner under Section 70(2) Cr.P.C. for converting the arrest warrant into bailable warrant was dismissed.

(2.) Counsel for the petitioner submits that the petitioner is suffering with 'Brain Tumor', thereof the documents of his treatment from 2005 up to 2020 are placed on record. Counsel further submits that the petitioner is regularly taking treatment of his Brain Tumor and for this reason only he failed to appear before the trial court and another reason given by the counsel for the petitioner is that there was communication gap between the petitioner and his counsel before the trial court. Counsel further submits that non-appearance of the petitioner before the trial court was neither intentional nor deliberate and the same was bona-fide one and lastly, prayed that arrest warrant issued by the trial court be converted into bailable warrant.

(3.) Learned Public Prosecutor has opposed the misc. petition.