Kaka Singh & Anr vs State Of Rajasthan on 23 July, 2009

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
         AT PRINCIPAL SEAT, JODHPUR

                       ORDER
                         In
       S.B. Cr. Misc. Bail Appl. No.3678/2009

              {Kaka Singh and Another Vs. The
              State of Rajasthan}

          Date of Order ::: 23rd July, 2009

                       PRESENT
      HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN

Shri M.K. Garg, Counsel for petitioners
Shri Anees Bhurat, PP for the State
                      ####


By the Court:

The petitioners have preferred this

petition under Section 438, Cr.P.C., on the

ground that, after investigation of the case,

the police submitted a Final Report in the case

but, on protest petition, the learned Judicial

Magistrate, 1st Class, Anoopgarh, took

cognizance of the matter. The Additional

Sessions Judge, Anoopgarh, who rejected the

bail application of the petitioner under

Section 438, Cr.P.C., vide order dated 4th

July, 2009, has observed that, while taking

cognizance of the offence, the learned trial

court has only issued bailable warrant against

the petitioners. The learned counsel for

petitioners is unable to satisfy this court as

to when the accused-persons have been summoned
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through non-bailable warrants. This fact is

neither clear from the order of the Additional

Sessions Judge nor from any document referred

by learned counsel for petitioners. In these

circumstances I am of the view that the present

application under Section 438, Cr.P.C., is not

maintainable and the same is accordingly

dismissed.

However, it is made clear that in case

accused-persons have been summoned through non-

bailable warrants then it will be open for the

petitioners to move a fresh bail application

before the Additional Sessions Judge,

Anoopgarh, District Sriganganagar.

(NARENDRA KUMAR JAIN), J.

//Jaiman//