SBCRRP927/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Criminal Revision Petition No.927/2010 Smt. Sunita and Babli @ Brijendra Vs. The State of Rajasthan and Another Date of Order ::: 18.08.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajendra Raghav, Counsel for petitioners Shri Piyush Kumar, Public Prosecutor #### By the Court:- Heard learned counsel for the petitioner s as well as the learned Public Prosecutor and perused the record of the case. Learned counsel for the petitioners submits that instead of arguing the matter on merits to challenge the impugned order, only prayer is to convert the warrant of arrest into bailable warrants. The court below issued warrant of arrest at the first instance while allowing the application under Section 319 Cr.P.C. It is the settled law that at the first instance warrant of arrest should be issued. The petitioners was otherwise not charge sheeted by the police and the main allegation does not exist against them for causing SBCRRP927/2010 // 2 // offence. Prayer made has been opposed by the Public Prosecutor. After considering the rival submissions made by the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that a limited prayer made by the counsel for the petitioners needs consideration and acceptance. The impugned order has not been questioned by the petitioners during the course of arguments. Accordingly, the limited prayer is to convert warrant of arrest into bailable warrants. I am of the view that at the first instance warrant of arrest has been issued. Thus, it is converted into bailable warrants. The petitioners are accordingly directed to remain present before the trial court on 03.09.2010 and furnish bail bonds and sureties to the satisfaction of the court below. The revision petition is partly allowed to the extent indicated above. (Mohammad Rafiq) J. //Jaiman//