[2025:RJ-JP:33570] .HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5073/2025 Monoranjan Roy S/o Late Kalachand Roy, R/o 2/233/b/3, Sree Colony, Police Station Netaji Nagar, Kolkata- 700092. ----Petitioner Versus The State Of Rajasthan, Represented Through The Learned Public Prosecutor. ----Respondent Connected With S.B. Criminal Miscellaneous (Petition) No. 5072/2025 Hari Singh S/o Felan Singh, R/o 254, Ganesh Nagar, Lawyers Colony, Agra Uttar Pradesh, Pin- 282005. ----Petitioner Versus The State Of Rajasthan, Represented Through The Learned Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Milon Mukharjee Sr. Adv. assisted by Mr. Biswajeet Manna Mr. Anurag Sharma through VC For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/08/2025 1. In both these petitions, impugned order of even dated 17.06.2025 is common, whereby and whereunder the Judicial Magistrate has forfeited the bail bonds of petitioners and while opening the proceedings under Section 446 Cr.P.C., has issued arrest warrant against petitioners, to procure their presence before the Judicial Magistrate and to proceed with the criminal trial. 2. It has inter alia been submitted by learned Senior counsel, appearing on behalf of petitioners, that both the accused [2025:RJ-JP:33570] (2 of 3) [CRLMP-5073/2025] petitioners and other accused persons were charged for offences under Sections 406, 409, 420, 467, 468, 471, 201 & 120-B of IPC and Section 65 of IT Act, vide order dated 24.12.2021 and later on, have been released on bail by the Coordinate Bench of this High Court vide order dated 04.08.2023 in S.B. Cr. Misc. Second Bail Application No. 2549/2023: Manoranjan Roy Vs. State of Raj. and vide order dated 29.09.2023 in S.B. Cr. Misc. III Bail Application No.10267/2023: Hari Singh Vs. State of Raj. 3. Learned counsel submits that the petitioners have been cooperating with the proceedings of criminal trial and on 17.06.2025, they could not put in appearance. Neither petitioners nor their advocate were present on 17.06.2025 nor any application for exemption was submitted and for the first defendant only, the Judicial Magistrate has not only forfeited the bail bonds but also issued the arrest warrant in first instance. The prayer of learned Senior counsel is that both the petitioners are ready to appear before the trial Court and submit a bail bond as also to deposit the fine amount, so determined by the trial Court in the proceedings under Section 446 Cr.P.C., and to join the criminal proceedings, however, till then their arrest warrant be stayed or converted into bailable warrant. 4. Learned Public Prosecutor has opposed the prayer. 5. This Court finds that the purpose of Judicial Magistrate to issue arrest warrant is to procure the physical presence of both the accused petitioners before him, in order to proceed with the trial of the present criminal case. 6. This Court, taking into consideration the nature of offences, which are triable by Judicial Magistrate as also the fact that [2025:RJ-JP:33570] (3 of 3) [CRLMP-5073/2025] petitioners have already been released on bail by the Coordinate Bench and adverting to the statement of learned Senior Counsel, instead of quashing the order impugned, dispose of both the petitions with following directions:- (i) Both the petitioners are directed to surrender themselves before the trial Court on or before next date of hearing and to deposit the fine, so determined by the trial Court while concluding the proceedings under Section 446 Cr.P.C. (ii) Since the petitioners were already released on bail, if petitioners furnish fresh bail bonds to the satisfaction of trial Court, they shall be released on bail with an undertaking to mark their presence, as and when required and to cooperate with the expeditious conclusion of trial, and (iii) Till date of surrender as fixed hereinabove, arrest warrant issued against petitioners shall remain stayed. 7. With the aforesaid, the misc. petitions stand disposed of accordingly. 8. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J pcg/20-21