VIMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.PC in a case where the learned Munsif and Judicial Magistrate, Hindaun has taken cognizance on 22 -12 -1987 on the final report submitted before him. The occurrence relates to October, 1986 which was investigated into by Police and thereafter a final report was submitted on 31 -12 -1986. It was after a year of the filing of the report that the learned Magistrate applied his mind and took cognizance and issued non -bailable warrants.

(2.) I have perused the case diary and the file of the learned Magistrate. The order of the learned Magistrate is quite elaborate and I do not want to comment on the same because the said order is not impugned before me. The only part regarding which the learned Counsel submitted this application is about issuance of non -bailable warrant I feel in the circumstances of the case where there is an inordinate delay between filing of the final report and rejecting the same and in between the accused was either available or remained on bail, his attendance can better be secured by issuance of bailable warrants unless there is evidence to show that he will either not appear before the Court or that there are chances of tampering with the evidence. That not having been the case, here in my opinion, ends of justice would meet if the accused are summoned by bailable warrants. If the said non -bailable warrants are executed then in the event of arrest of petitioners Mst. Vimla, Gulla and Ashok Kumar shall be released on bail provided they execute a bond in the sum of Rs. 2,000/ - (Rupees two thousand) with one surety in the like amount to the satisfaction of the SHO/AO/IO, Police Station Hindaun in FIR 414/86 for their production before the concerned Magistrate.