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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT PRINCIPAL SEAT, JODHPUR
ORDER
In
S.B. Criminal Misc. Petition No.674/2009
With
S.B. Cr. Misc. Stay Application
No.962/2009
{Mohan Lal and Others Vs. The
State of Rajasthan and Another}
Date of Order :: 6th July, 2009
PRESENT
HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri R.S. Choudhary, Counsel for petitioners
Shri O.P. Singaria, PP, for the State
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By the Court:
This petition under Section 482 of the
Code of Criminal Procedure (for short, ‘CrPC)
is directed against the impugned order dated
24th March, 2009 passed by the Additional
Sessions Judge (Fast Track) No.2, Bikaner,
rejecting the revision petition of the
petitioners against the order dated 23rd March,
2007 passed by the trial court, whereby, while
rejecting the final-report submitted by the
Investigating Officer, the trial court allowed
the protest petition and took cognizance
against the petitioners for the offence under
Sections 382, 341, 323, 147 and 149 IPC, and
summoned them through bailable warrants.
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It appears from the order-sheet dated 4th
May, 2007 that the accused-persons were not
present in the trial court, therefore, the
trial court summoned them through non-bailable
warrants.
The learned counsel for the petitioner
submits that so far as merits of the case are
concerned, he does not press the present
petition and prays for liberty to agitate all
the points, which have been taken in this
petition, at the time of framing of the charge
but his contention is that the accused-persons
were not present before the trial court on 4th
May, 2007 as the petitioners had already
preferred revision petition before the
revisional court, therefore, the non-bailable
warrants issued by the trial court, be
converted into bailable warrants.
After considering the submissions of
learned counsel for both the parties, I think
it fit and proper to dismiss the petition under
Section 482 of the CrPC on merits with liberty
to the petitioners to agitate all the points,
which have been taken in this petition, at the
time of framing of the charge but, so far as
issuance of non-bailable warrants by the trial
court is concerned, I think it fit and proper
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to convert the same into the bailable warrants.
In the result, this petition is partly
allowed. It is dismissed on merits but it is
directed that in case the petitioners surrender
before the trial court on or before 20th July,
2009 then they shall be released on bail on
such terms and conditions as imposed by the
trial court.
In view of this order, the stay
application, filed with the main petition, also
stands disposed of.
(NARENDRA KUMAR JAIN), J.
//Jaiman//