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2005 DIGILAW 2470 (RAJ)

Surendra Singh v. State of Rajasthan

2005-09-15

N.K.JAIN

body2005
JUDGMENT 1. - Heard the learned counsel for the petitioners as well as the learned P.P. 2. The petitioners have filed this petition under Section 482 Cr.PC. seeking direction in Cr. Case No. 365/1997 pending in the Court of Judicial Magistrate, Kathumar, District Alwar. 3. The learned counsel for the petitioner submitted that initially a case was registered under Sections 41 and 42 of the Forest Act and both the offences were bailable one. The petitioners were released on bail and they were never informed about filing of challan, therefore, they could not make themselves present in the Court. He further submitted that they were not aware about issuance of bailable warrants against them and now they came to know that non-bailable warrants have been issued against them for securing their presence in the Court. He further submits that they are ready and willing to appear before the trial court. 4. The learned PR does not seriously object the conversion of non-bailable warrants into bailable one for the purpose of securing presence of the accused persons. 5. After considering the submissions of the learned counsel for the petitioners as well as the learned P.P. I allow this petition and direct the petitioners to appear in the trial court i.e. Civil Judge (JD) & Judicial Magistrate, Kathumar, District Alwar on or before 30.9.2005. In case the petitioners surrender themselves before the trial court as directed above then the petitioners Surendra Singh S/o Prahlad Singh and Girdhari Singh S/o Shri Bheekam Singh be released on bail provided each of them furnishes a personal bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount to the satisfaction of the trial court to appear in that Court on all dates of hearing gs and when called upon to do so. The petitioners shall not be arrested till 30.9.2005.The Cr. Misc. Petition stands disposed of accordingly. *******