GIRRAJ & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have perused the order-sheet dated 16th July, 1990 where by learned Addl. Sessions Judge No. 1, Bharatpur has summoned the accused Phatte and Karan through warrants of arrest for offence used Girraj, Kanhiya, 325 and 307 IPC. He has taken cognizance for these offence against four persons on an application alleged to have been moved before him by learned A.P.P. under S. 319 Cr. P. C. Before issuing the non-bailable warrants it was obligatory for the learned Addl. Sessions Judge to have verified from the record as to whether the accused persons have been granted anticipatory bail or not. It may be mentioned that accused application U/S 33 Cr. P. C. before the learned Session, Judge, Bharatpur who vide his order dated 22-8-1989 accepted the application by a detailed order and granted anticipatory bail to the three petitioners along with three other persons. He however rejected the application of two accused, namely, Harisingh and Jagdish who are not before this court. Issuance of non-bailable warrants in the same case subsequently is virtually contemptuous of court granting anticipatory bail. Karan has not moved application for anticipatory bail as his name did not appear in the F.I.R. In view of the fact that warrants of arrest have been issued mechanically without application of mind, I have no option but to quash the order to the extent of issuance of non-bailable warrants. Since the petitioner has appeared in this court through lawyer the counsel is directed to ask the petitioners to appear before the concerned court on 5-10-1990. Warrant if issued shall not be executed.

(2.) The application is disposed of accordingly.