Shashi Kant Sharma, J. - (1.) This Criminal Miscellaneous Petition under Section 482 Cr.PC. filed by accused Ramsewak is directed against the order dated 1.2.2002 passed by Civil Judge (JD) & Judicial Magistrate, Dholpur.
(2.) I have heard learned counsel for the petitioner as well as learned Public Prosecutor.
(3.) It is contended on behalf of the petitioner that the accused petitioner Ramsewak was on bail in a case pending before the lower court. It is contended that the case pending against the petitioner is for the bailable offences. It is also contended that petitioner could not attend the lower court on a fixed date, therefore, his bail bonds were forfeited and non-bailable warrant of arrest was issued. It is contended that his absence on the date before the lower court was not intentional one but because of his father's illness he could not attend the lower court. It is further contended that now the petitioner himself wants to face the. trial, therefore, he filed an application under Section 70(2) Cr.PC. before the lower court for converting warrant of arrest into bailable warrant. It is contended that the petitioner himself wants to face the trial. It is also contended that the offences for which trial is pending against him are bailable one, therefore, the lower court be directed to release the petitioner on bail.;