// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3678/2009 {Kaka Singh and Another Vs. The State of Rajasthan} Date of Order ::: 23rd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri M.K. Garg, Counsel for petitioners Shri Anees Bhurat, PP for the State #### By the Court: The petitioners have preferred this petition under Section 438, Cr.P.C., on the ground that, after investigation of the case, the police submitted a Final Report in the case but, on protest petition, the learned Judicial Magistrate, 1st Class, Anoopgarh, took cognizance of the matter. The Additional Sessions Judge, Anoopgarh, who rejected the bail application of the petitioner under Section 438, Cr.P.C., vide order dated 4th July, 2009, has observed that, while taking cognizance of the offence, the learned trial court has only issued bailable warrant against the petitioners. The learned counsel for petitioners is unable to satisfy this court as to when the accused-persons have been summoned // 2 // through non-bailable warrants. This fact is neither clear from the order of the Additional Sessions Judge nor from any document referred by learned counsel for petitioners. In these circumstances I am of the view that the present application under Section 438, Cr.P.C., is not maintainable and the same is accordingly dismissed. However, it is made clear that in case accused-persons have been summoned through non- bailable warrants then it will be open for the petitioners to move a fresh bail application before the Additional Sessions Judge, Anoopgarh, District Sriganganagar. (NARENDRA KUMAR JAIN), J. //Jaiman//