SAMAN HAZI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioners against order dtd. 29/11/2022 passed by learned ADJ Suratgarh, in Criminal Revision No.44/2022 whereby the revisional court dismissed the revision of the petitioners and confirmed the order dtd. 12/4/2022 passed by learned Judicial Magistrate, by which learned trial Court took cognizance under Sec. 190(2) Cr.P.C. against the petitioners for the offences under Sec. 307, 323, 452, 342, 325, 147, 148, 149 of IPC and issued arrest warrant against them. Learned counsel for the petitioners submits that initially, after thorough investigation, the Police submitted Final Report in the case stating that no case is made out against the petitioners. Thereafter, the trial Court took cognizance against the petitioners and issued arrest warrant against them. A limited prayer has been made by counsel for the petitioners that the petitioners are ready to appear before the trial Court, the arrest warrant so issued against them may be converted into bailable warrant. Learned Public Prosecutor has opposed the prayer of the petitioner.

(2.) I have considered the arguments advanced before me and carefully gone through the material available on record. Taking into consideration the facts and circumstances of the case and also the fact that after investigation Police did not find the offence proved against the petitioners and submitted FR, the arrest warrant issued by the trial Court against them is hereby converted into bailable warrant of Rs.30,000.00each. Accordingly, it is directed that if the petitioners appear before the trial Court within a period of fifteen days and submit the bail bonds of Rs.30,000.00 each, the trial Court shall release the petitioners on bail However, it is made clear that in case, the petitioners do not appear before the trial Court within the stipulated period, the trial Court shall issue warrant of arrest against the petitioners.

(3.) The present criminal misc. petition is hereby disposed of. Stay petition also stands disposed of.