S.B. Cr. Bail Application No. 323/2008 (Sabir Vs. State of Rajasthan) Date of order : 06.02.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Pradeep Shah for the petitioner. Mr. J.P.S.Choudhary, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned. Learned counsel for the petitioner submits that challan against the petitioner was filed under Section 134/187 of the M.V. Act. From the perusal of the order impugned, it appears that though the police filed challan for certain offences punishable under IPC as also M.V. Act, but the trial court took the cognizance of the offence under Section 302/34 IPC and order taking cognizance is not under challenge. In the circumstances, therefore, the trial court was justified in summoning the petitioner by a non-bailable warrant. No case for bail under Section 438 Cr.P.C. is made out. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp