NARENDRA SINGH DHADDHA, J. - (1.) Learned counsel for the petitioner submits that the allegations against the petitioner were for bailable offences under Sections 15 and 19 of the Environment (Protection) Act, 1986. The petitioner could not present himself before the Court for which non bailable warrant was issued. An application was moved under Section 70(2) of CrPC for converting non bailable warrant to bailable warrant, which has been rejected by the learned Additional Chief Metropolitan Magistrate No.12, Jaipur Metropolitan vide his order dated 01.04.2019. Present petition has been preferred challenging the same.
(2.) Learned counsel relies on the law laid down by this Court as reported in 2004 (1) RCC 311 - Ashok Kumar Versus State of Rajasthan. Taking into consideration that the purpose of issuing bailable/non bailable warrant during trial is to secure the presence of an accused, who is not present on the particular day, it is for the said reason that Section 70(2) CrPC has been laid down. Trial courts ought to follow the provisions in their strict sansu and avoid multiplicity of litigation. Once the accused petitioner is present before it and has moved an application, there was no occasion for the learned Magistrate to have rejected the said application moreso when the offences alleged against the concerned accused petitioner were bailable. Having observed, as above, the order dated 01.04.2019 passed by the learned Additional Chief Metropolitan Magistrate No.12, Jaipur Metropolitan is quashed and set-aside. The non bailable warrant issued against the petitioner is directed to be converted as bailable warrant and the accused petitioner shall appear before the concerned Magistrate on 08.07.2019. Petition stands disposed of accordingly. ;