VIRENDRA SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order dated 27.1.99 passed by the learned Addl. Chief Judicial Magistrate, Jaitaran, whereby he while taking cognizance issued non-bailable warrant against the petitioners.

(2.) Mr. Udawat points out that the petitioners' pre-arrest bail application had been accepted and as they had not been informed that the challan would be filed on 27.1.99, they did not appear in the Court. Affidavits of the petitioner has also been filed in support of the averment. The certified copies of the bail bonds furnished by the petitioners have also been shown to me in which the date of appearance is not filled in. Mr Udawat undertakes to produce the petitioners in the Court of Addl. Chief Judicial Magistrate, Jaitaran on 16.2.99.

(3.) Taking into consideration the facts and circumstances of the case, it is directed that the petitioners shall not be arrested upto 16.2.99 and the learned Magistrate shall recall the warrant of arrest unserved, if already issued. If the petitioners fail to appear on 16.2.99, the learned Magistrate shall proceed according to law.