1 S.B.Cr.Misc. Petition No.1833/2007 (Bhanwaroo Khan & Ors. Vs. State of Rajasthan & Anr.) Date of order : March 28, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.B.K.Bhatnagar, for the petitioners. Mr.Ashok Upadhyaya, P.P. for the State. The only grievance of the petitioners is that by taking cognizance of the offence under section 420 I.P.C., the petitioners have been summoned by non-bailable warrant by order dt. 1.10.2007 passed by Chief Judicial Magistrate, Churu (for short `the trial court' hereinafter) and the learned Sessions Judge, Churu (for short `the revisional court' hereinafter) by order impugned dt. 5.11.2007 dismissed the revision filed by the petitioners. Therefore, learned counsel for the petitioners submits that the non-bailable warrant may be converted into bailable warrant. Having regard to the facts and circumstances of the case, in my view, it would be more appropriate to direct the petitioners to surrender before the trial court on or before 16.4.2008 and move a regular bail application. If the 2 petitioners surrender and move a regular bail application, the trial court may release the petitioners on bail on the terms and conditions, which it thinks fit keeping in view the fact that the police did not find the case against the petitioners and submitted negative final report and the cognizance has been taken on the protest petition. Till 15.4.2008, the non-bailable warrant issued against present petitioners Bhanwaroo Khan, Habib Khan and Kurde Khan shall not be executed. However, it is made clear that if the petitioners fail to surrender before the trial court on 16.4.2008, it will be open for the trial court to secure their presence by non-bailable warrant. With these observations, the petition stands disposed of. (H.R.PANWAR),J. m.asif/- 3 S.B.Cr.Misc. Stay Petition No.1482/2007 In S.B.Cr.Misc. Petition No.1833/2007 (Bhanwaroo Khan & Ors. Vs. State of Rajasthan & Anr.) Date of order : March 28, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.B.K.Bhatnagar, for the petitioners. Mr.Ashok Upadhyaya, P.P. for the State. Since the main petition has itself been disposed of, stay petition also stands disposed of. (H.R.PANWAR),J. m.asif/-