[2026:RJ-JP:28029] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 71/2020 URN: CRLMP / 97U / 2020 Surendra Nath Bhutyani S/o Amar Nath Bhutyani, Aged About 43 Years, R/o 35-A, Gayatri Vihar Extension Canal Road, Borkheda, Kota, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. Chhitar Lal Bairwa S/o Ram Lal Bairwa, Aged About 72 Years, R/o Tati Wale Ki Gali Near Power House. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP JUSTICE ANOOP KUMAR DHAND Order 20/07/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 25.11.2019 passed by the Additional Sessions Judge (Women Atrocities Cases) No.1, Kota (for short ‘the Appellate Court’) by which the application submitted by the petitioner under Section 70(2) Cr.P.C. for converting his arrest warrants into bailable warrants has been rejected. 2. It has been averred in the present petition that the petitioner was held guilty for the offence punishable under Section 138 of the Negotiable Instruments Act. It is further averred in the petition that against the judgment of his conviction, an appeal under Section 374 Cr.P.C. before the Appellate Court. However, [2026:RJ-JP:28029] (2 of 3) [CRLMP-71/2020] during pendency of the said appeal, the petitioner could not appear before the Court on 14.11.2019, as he went to attend a children fair in order to discharge his Government duties and due to this reason he could not appear till 04.00 PM in the evening, hence, his bailable warrants were forfeited and proceedings under Section 446 Cr.P.C. were initiated against him and arrest warrants were issued. Thereafter, an application under Section 70(2) Cr.P.C. was submitted for converting the arrest warrants into bailable, but the said application has been rejected. 3. Looking to the fact that the petitioner has not absconded for a long period and he remained absent on account of attending a children fair in order to discharge his duties in the said event, the reason of his absence on the said day appears to be justified and plausible. 4. Considering the overall facts and circumstances of the case, the impugned order passed by the Court below is quashed and set-aside. 5. The Application submitted by the petitioner under Section 70(2) Cr.P.C. stands allowed. Arrest warrants issued against the petitioner are converted into bailable warrants. 6. The petitioner is directed to appear before the Appellate Court on or before 07.08.2026. 7. In case, the petitioner appears before the Appellate Court and submits bail bonds and surety bonds to the satisfaction of the Appellate Court, he be released on bail forthwith. 8. Looking to the fact that the appeal is lying pending before the Appellate Court since last more than seven years, it is expected from the Appellate Court to decide the appeal [2026:RJ-JP:28029] (3 of 3) [CRLMP-71/2020] expeditiously, as early as possible, preferably within a period of six months from the date of receipt of the certified copy of this order. 9. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/104