// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. 2nd Bail Appl. No.4189/2009 {Kaka Singh and Didar Singh Vs. The State of Rajasthan} Date of Order ::: 12th August, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri M.K. Garg, Counsel for petitioners Shri Ashok Prajapat, PP for the State Shri R. Bhatnagar, Counsel for complainant #### By the Court: This is second application for bail under Section 438, Cr.P.C.; the first application on behalf of the petitioners was dismissed on the ground that counsel for petitioners was unable to satisfy this court that non-bailable warrants have been issued against the petitioners as from the order of the Additional Sessions Judge it was borne out that petitioners have been summoned through bailable warrants only. It was also made clear in the order that in case the accused-petitioners have been summoned through non-bailable warrants then it will be open for them to move fresh bail application before the Additional Sessions Judge. In these circumstances, the petitioners // 2 // moved fresh bail application before the Additional Sessions Judge which has again been rejected. It appears from the orders that initially the petitioners were summoned through bailable warrants but they absconded and, in these circumstances, they were summoned through non- bailable warrants. The learned counsel for the petitioners as well as the complainant both contended that the parties have entered into a compromise in revenue suit as well as present case also, therefore, the petitioners may be granted the benefit of Section 438 Cr.P.C. After considering all the facts and circumstances of the case, the bail application is disposed of with a direction that in case the petitioners, namely, (1) Kaka Singh S/o Didar Singh and Didar Singh S/o Amar Singh surrender themselves before the Civil Judge & Judicial Magistrate, 1st Class, Anoopgarh, District Sri Ganganagar, on or before 24th August, 2009 then the said Court shall release the accused-petitioners on bail on such terms and conditions to be imposed by the said court. (NARENDRA KUMAR JAIN), J. //Jaiman//