// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Petition No.674/2009 With S.B. Cr. Misc. Stay Application No.962/2009 {Mohan Lal and Others Vs. The State of Rajasthan and Another} Date of Order :: 6th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.S. Choudhary, Counsel for petitioners Shri O.P. Singaria, PP, for the State #### By the Court: This petition under Section 482 of the Code of Criminal Procedure (for short, 'CrPC) is directed against the impugned order dated 24th March, 2009 passed by the Additional Sessions Judge (Fast Track) No.2, Bikaner, rejecting the revision petition of the petitioners against the order dated 23rd March, 2007 passed by the trial court, whereby, while rejecting the final-report submitted by the Investigating Officer, the trial court allowed the protest petition and took cognizance against the petitioners for the offence under Sections 382, 341, 323, 147 and 149 IPC, and summoned them through bailable warrants. // 2 // It appears from the order-sheet dated 4th May, 2007 that the accused-persons were not present in the trial court, therefore, the trial court summoned them through non-bailable warrants. The learned counsel for the petitioner submits that so far as merits of the case are concerned, he does not press the present petition and prays for liberty to agitate all the points, which have been taken in this petition, at the time of framing of the charge but his contention is that the accused-persons were not present before the trial court on 4th May, 2007 as the petitioners had already preferred revision petition before the revisional court, therefore, the non-bailable warrants issued by the trial court, be converted into bailable warrants. After considering the submissions of learned counsel for both the parties, I think it fit and proper to dismiss the petition under Section 482 of the CrPC on merits with liberty to the petitioners to agitate all the points, which have been taken in this petition, at the time of framing of the charge but, so far as issuance of non-bailable warrants by the trial court is concerned, I think it fit and proper // 3 // to convert the same into the bailable warrants. In the result, this petition is partly allowed. It is dismissed on merits but it is directed that in case the petitioners surrender before the trial court on or before 20th July, 2009 then they shall be released on bail on such terms and conditions as imposed by the trial court. In view of this order, the stay application, filed with the main petition, also stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//