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2008 DIGILAW 1724 (RAJ)

Mohan Lal v. State of Rajasthan

2008-07-18

SANGEET LODHA

body2008
JUDGMENT 1. - Heard the learned counsel for the applicant and the learned Public Prosecutor. 2. A complaint was filed by Shri Manphul Ram before the competent court against the applicant herein and another for commission of offences under Sections 420, 406 & 406 IPC. The learned trial court took the cognizance for the offence under Section 420 IPC against the applicant herein and one Shri Prahlad and summoned them by arrest warrant. 3. It is submitted by the learned counsel for the applicant that on the facts and in the circumstances of the case the learned trial court while taking cognizance was not justified in summoning the applicant straight away by arrest warrant. In this regard, the learned counsel has relied upon a decision of the Hon'ble Supreme Court in the matter of Inder Mohan Goswami and Another v. State of Uttaranchal and Others, (2008) 1 SCC (Cri.) 259 . 4. Having regard to the facts and circumstances of the present case, the . material on record and decision of Hon'ble Supreme court in the Inder Mohan Goswami's case (supra), in the interest of justice, it is considered expedient that arrest warrant issued against the applicant by the learned Judicial Magistrate, First Class, Pilibanga is ordered to be converted into bailable warrant. 5. Accordingly, it is ordered that the arrest warrant issued by the learned Judicial Magistrate, First Class, Pilibanga vide order dated 3.9.07 against the applicant Mohan Lai S/o Kundan Lai shall stand converted into bailable warrant for a sum of Rs. 10,000/-. 6. The application for anticipatory bail stands disposed of accordingly.Application for anticipatory bail disposed of as above. *******