1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.1967/2010 Mohar Singh & Ors. Vs. State Date of order : 25/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri H.K. Saini for the petitioners. Shri Peeyush Kumar, P.P. for the State. ****** This petition has been filed by accused- petitioners Mohar Singh, Mahendra and Gajraj aggrieved by the order of the Court of Judicial Magistrate (First Class), Tijara dated 21.2.2002 by which their application filed u/s.70(2) of Cr.P.C for converting the non-bailable warrants into bailable warrants was rejected. Shri H.K. Saini, learned counsel for the petitioners has argued that some criminal case was lodged on account of certain boundary dispute. Petitioners and Roshan Lal are neighbours in a agricultural field. On complainant filed by him, cognizance u/s.379, 147, 323 and 342 of IPC was taken. The matter was thereafter compromised between the parties through the mediation of the Village Panchayat where the complainant agreed that he would not press/withdraw the complaint. Accused-petitioners bona fidely believed him. They being illiterate could not understand implication of their non- appearance and in those circumstances the 2 matter went unattended. They are ready and willing to face the trial and even otherwise, the complainant is not likely to press the complaint and would get the offences compounded. Learned PP opposed the misc. petition. Having regard to the nature of the offences involved and keeping in view the compromise between the parties and that the petitioners are agreeable to appear before the Court, I deem it appropriate to convert the non-bailable warrants against them into bailable warrants and require them to appear before the trial court on 22.11.2010 for purpose of executing bail bonds and furnishing securities of the sum required by that Court with the undertaking to regularly appear before that Court until conclusion of the proceedings. This order would however not affect pending proceedings u/s.446 Cr.P.C. The misc. petition is disposed of in the terms indicated above. (MOHAMMAD RAFIQ), J. RS/-