K.S. Rathore. J. - (1.)The case of the petitioner is that a report came to be lodged against him by complainant Shri L.R. Khatri on 28.5.1999 at Police Station Gandhi Nagar, Jaipur for the offence under Section 3/6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992. On 13,9.1999, the investigating agency filed charge-sheet against the petitioner in the Court of Additional Chief Judicial Magistrate No. 2, Jaipur City, Jaipur. As the petitioner failed to appear before the Court below on the date fixed, his bail bortds were forfeited and arrest warrant was issued against him. Thereafter, the petitioner moved an application under Section 70 (2) Criminal Procedure Code before the Additional Chief Judicial Magistrate No. 6, Jaipur City, Jaipur, but the same has been dismissed vide order impugned dated 7.9.2009.
(2.)Learned counsel for the petitioner submits that the petitioner is ready to appear before the trial Court and participate in criminal proceedings in Criminal Case No. 814/1999, but the arrest warrant issued against him may be converted into bailable warrant.
(3.)Having heard learned counsel for the petitioner as well as learned Public Prosecutor and upon perusal of the material on record, in the interest of justice, I deem it proper to direct the petitioner Sunil Khandelwal S/o Shri Gheesa Ram Khandelwal to appear before the trial Court on or before 24.11.2009. In case the petitioner surrenders himself before the trial Court on or before 24.11.2009, the trial Court is directed to convert the arrest warrant into bailable warrant on his furnishing bail bonds to its satisfaction.