1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Criminal Misc. Pet. NO. 342/05 Kailash Dan Vs. State of Raj. & Ors. Under Sec. 482 Cr.P.C. against the order dated 15.2.2009. Date of order :: 7th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.N.L. Joshi, for the petitioner. Mr. Mahipal Vishnoi, P.P. Mr.G.R. Bhari for Mr.Sanjay Mathur, for the complainant. BY THE COURT: Heard learned counsel for the parties. The petitioner has preferred this miscellaneous petition under Sec. 482 Cr.P.C. against the judgment and order dated 15.2.2005 passed by the learned Additional Sessions Judge, Nohar, District Hanumangarh whereby his revision petition has been rejected against the order dated 03.11.2001 passed by the learned Additional Chief Judicial Magistrate, Nohar in 2 FIR No. 276/2000 whereby trial court did not accept final report submitted by the police and took cognizance against the petitioner for offence under Sec. 342, 347, 166,167,192 and 211 IPC and summoned him through bailable warrant and subsequently, as per submissions of the learned counsel for the petitioner, due to non appearance of the petitioner, the non bailable warrant was issued against the petitioner. During the course of arguments, learned counsel for the petitioner prayed that he does not press the present petition on merits and he may be granted liberty to agitate all the grounds taken in this petition at the time of framing of the charge but, non bailable warrant issued against him may be converted in to bailable warrant. Learned Public Prosecutor as well as learned counsel for the complainant both have no objection in converting the non bailable warrant into bailable warrant. After considering submissions of learned 3 counsel for the parties, the petition is dismissed as withdrawn with liberty as prayed for. It is further directed that in case the petitioner appears in the trial court on or before 10th August, 2009, then he may be released on bail on such terms and conditions as imposed by the trial court. The Registry is directed to send record of both the courts below forthwith. (NARENDRA KUMAR JAIN), J. ns.