JUDGMENT 1. - Heard learned counsel for the parties. 2. Learned counsel for the petitioners does not want to press the misc. petition on behalf of petitioner-Kailash Chand Gandhi since he is no more accused in this case. 3. Accordingly, the misc. petition u/s. 482 Cr.P.C. filed on behalf of the petitioner-Kailash Chand Gandhi is dismissed as not pressed. 4. So far as the petitioner-Rajesh Kumar is concerned, it is submitted that the petitioners were released on bail by the police treating the offence to be bailable one. Thereafter, Section 333 IPC was added and State has filed an application before the learned Sessions Judge, Pali for cancellation of bail. Learned Sessions Judge has rejected the application filed by the State u/s. 439(2) Cr.P.C. vide order dated 25.5.2005. However, learned Chief Judicial Magistrate (Railway), Jodhpur was directed that if Investigating Officer has granted bail to the petitioners during the course of investigation treating the offence as bailable, he will consider the matter afresh and if he finds that the offence is non-bailable then he will consider whether he may release the accused on bail u/s. 437(1) Cr.P.C. or not. If he so wishes to release the accused on bail, he may release the accused or he may also reject the bail and send the accused in custody. Learned counsel for the petitioner states that this condition which has been imposed by learned Sessions Judge was not required. He prays that this condition may be quashed and learned Magistrate may be directed to release the accused-petitioner-Rajesh Kumar on bail. 5. Learned Public Prosecutor opposed this misc. petition. 6. I have considered the rival arguments advanced by both the parties and also gone through the order dated 25.5.2005 passed by learned Sessions Judge, Pali. In my considered view, learned Sessions Judge has not committed any illegality or irregularity in passing the impugned order. No interference is called for. 7. However, accused-petitioner-Rajesh Kumar, if so wishes and so advised, may surrender himself before the learned Chief Judicial Magistrate (Rly.) Jodhpur. Learned Magistrate shall decide his regular bail application in accordance with the law on the same day keeping in mind the fact that petitioner was granted bail by police. 8. With above observation and directions, the misc. petition u/s. 482 Cr.P.C. filed on behalf of the petitioner-Rajesh Kumar is disposed of, accordingly.Application dismissed. *******