1 S.B.Criminal Misc. Bail Cancellation Application No. 38/08 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. Criminal Misc. Bail Cancellation Application No. 38/08 Rajesh Kumar Vs. State of Rajasthan & Another Date of order : 24/04/2009 HON'BLE MR.H.R.PANWAR,J. Mr. S.R.Godara on behalf of Mr. S.S.Bishnoi for the petitioner. Mr. M.K.Garg for the respondent No.2. Mr. Anil Joshi, P.P. By the instant criminal misc. bail cancellation application, the petitioner seeks cancellation of bail granted to the respondent No.2 by order dated 19.11.2008. Heard learned counsel for the parties. Learned counsel for the accused respondent submits that after investigation, the police has filed challan for the offence under Section 304-A IPC though at the earlier stage the investigation was for the offence under Section 304 IPC, however, the police did not find case under Section 304 IPC and 2 S.B.Criminal Misc. Bail Cancellation Application No. 38/08 filed challan under Section 304-A IPC. The offence punishable under Section 304-A IPC is otherwise bailable. Learned counsel has also shown me the challan papers. From the perusal of the challan papers, it appears that after investigation the police did not find case under Section 304 IPC but found case under Section 304-A IPC and accordingly filed challan and trial proceeded. Keeping in view the fact that the challan has been filed for the offence under Section 304-A IPC and the offence under Section 304-A IPC is bailable, in my view, no case for cancellation of bail is made out. The application seeking cancellation of bail is therefore, dismissed. (H.R.PANWAR), J. rp