Mohammad Rafiq, J. - (1.) This petition under Section 482 Cr.P.C. has been filed by petitioner assailing order dated 28.09.2010 of learned Additional Chief Judicial Magistrate, Lalsot, District Dausa, in Criminal Case No.306/2005, whereby his application filed under Section 70(2) of Cr.P.C. has been rejected. Petitioner had requested that standing arrest warrant issued against him by the court on 27.05.2006 be converted into bailable warrant but his request was rejected by the trial court.
(2.) Contention of learned counsel for petitioner is that petitioner could not appear before learned trial court on 27.05.2006 on account of his ailment. His application was rejected by trial court in which he prayed for exemption from personal attendance on the ground of illness. The offence is otherwise also petty once and are punishable only with fine. Petitioner is otherwise innocent and never had any intention of avoiding the court proceedings. He would undertake to regularly appear before the court on each and every date as and when called upon to do so. It is therefore prayed that standing arrest warrant be converted into bailable warrants.
(3.) Learned Public Prosecutor opposed the petition.;