Mohammad Rafiq, J. - (1.) The instant criminal misc. petition under Section 482 Cr.P.C. has been filed for quashment of order of the trial court dated 24/7/2010 dismissing application submitted by the petitioner under Section 70(2) Cr.P.C. for converting arrest warrants into bailable warrants.
(2.) Contention of the learned counsel for petitioners is that while petitioner No.1 is aged 70 years, petitioner No.2 is 65 years old person. It is submitted that petitioner No.1 is patient of tuberculosis and petitioner No.2 is also suffering from certain ailments and due to their poor health, they could not timely attend the court proceedings although offence alleged under Section 447 IPC is bailable and they have already been granted bail. Learned trial court has now issued arrest warrants against them whereas, both the petitioners are willing to appear before the trial court to face the trial. Application submitted by the petitioner under Section 70(2) Cr.P.C. has been mechanically rejected.
(3.) Learned Public Prosecutor has opposed the petition.;