// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3282/2009 {Shiv Singh Versus The State of Rajasthan} Date of Order ::: 13th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Niranjan Singh, counsel for the petitioner Shri A.R. Nikub, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. The learned counsel for the petitioner contended that after investigation of case, the police submitted a charge-sheet, but court concerned has taken cognizance against the accused petitioner for the offence under Section 342 and 506 readwith Section 34 IPC, which are bailable offence and he was summoned through bailable warrant. It is further contended that as per record, the bailable warrant is alleged to have been served on the petitioner, but in fact no bailable warrant was // 2 // served upon him and with the connivance of complainant, the same was wrongly got served on some other person in the name of petitioner. It is further contended that petitioner is ready to surrender himself before the trial court and non-bailable warrant issued against him may either be converted into bailable warrant or the said court may be directed to release the petitioner on bail. After considering all the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case and without going into the disputed question about wrong or right service of bailable warrant on the petitioner, I am inclined to allow this application under Section 438 Cr.P.C. and it is directed that in case the petitioner surrenders before the Judicial Magistrate, Sri Dungargah, District Bikaner in Criminal Case No. 78/2004 arising out of FIR No. 41/2003, Police Station Sri Dungargarh on or before 27th July, 2009, then he shall be released on bail on such terms and conditions with regard to bail bonds as may be imposed by the said Court. (NARENDRA KUMAR JAIN), J. //DK// // 3 //