BHOMPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Petition U/S. 482 Cr. PC. directed against the order dated May 11, 1992 of Addl. Chief Judicial Magistrate, Hindaun, taking cognizance for the offence U/Ss. 447 & 427 Penal Code and Sec. 3(i) (v) (x) of the S.C. & ST (Prevention of Attrocities) Act, 1989. The Magistrate has taken cognizance through the police had submitted find report. It cannot be disputed that the Magistrate can disagree with the police report and may take cognizance of the offence/offences if it is satisfied that they are amounts to proceed in the case. Whether from the evidence a prima facie case is made out or not is a question which shall be decided by the trial court at the stage of framing charge/charges after hearing the petitioner. At that stage, the petitioner shall be in a better position to make his submissions.

(2.) It cannot be said that the order passed by the Magistrate is Prejudicial. Hence, this petition is dismissed summarily.

(3.) However, the petitioner may surrender before the trial Court & move an application U/S 437 Crimial P.C. for grant his bail. If he does so, the trial Magistrate shall release him on bail on his furnishing a personal bond in the sum of Rs. 5,000.00 (Rs. five thousands) with one surety in the like amount to the satisfaction of the trial court to appear before it or any other court during the pendency of the trial of the case. Two weeks time is granted to the petitioner to surrender before the concerned court and for two weeks, the warrant of arrest shall not be executed. However, if he fails to appear before the concerned Magistrate within the stipulated period or furnish bail bonds, the Magistrate shall be free to issue non-bailable warrant for his arrest.