HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5711/2025 Vinay Mehta Son Of Shri Sarwan Kumar Mehta, Aged About 60 Years, Resident Of F-203, Satya Shanti Apartment, Plot No. 23, Sector-13, Rohini, North West Delhi- 110085. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ram Singh Gurjar For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 30/10/2025 1. By way of filing this petition, a challenge has been led to the impugned order dated 01.09.2025 passed by the Additional Chief Judicial Magistrate No.18, Jaipur Metropolitan-I, Headquarter Sanganer, by which the application submitted by the petitioner under Section 70(2) Cr.P.C. read with Section 72(2) of the BNSS has been rejected. 2. Learned counsel for the petitioner submits that the petitioner was regularly facing trial before the Trial Court, but he was arrested in other FIR No.641/2023 registered with Police Station Dindoshi, Mumbai, wherein, he was taken in custody on 06.09.2023 and he remained in jail till 29.01.2025. Counsel submits that in the meantime, the bail bonds of the petitioner were forfeited on 23.10.2024. Counsel submits that because of being lodged in jail at Mumbai in connection with another criminal case, the petitioner could not appear before (2 of 2) [CRLMP-5711/2025] the Trial Court on the fateful day when bail bonds were forfeited. Counsel submits that all these facts were narrated in the aforesaid application, but the same were not appreciated and the application has been rejected, hence, interference of this Court warranted. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the petitioner was lodged in jail at Mumbai during the period from 06.09.2023 till 29.01.2025, that was the precise reason for his absence before the Trial Court and in the meantime, his bail bonds were forfeited on 23.10.2024. 6. Keeping in view the above facts and circumstances of the case, this Court deems it just and proper to allow the application submitted by the petitioner under Section 70(2) Cr.P.C. read with Section 72(2) of the BNSS. 7. The petitioner is directed to appear before the Trial Court on or before 17.11.2025. In case, the petitioner appears within the above stipulated time before the Trial Court, he shall be released on bail subject to the satisfaction of the Trial Court. 8. With the aforesaid observations/directions, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/18