Chakar Khan And Ors vs State Of Rajasthan And Ors

The instant criminal revision petition has been filed by the petitioners against the order dated 03.05.2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer whereby the learned Special Judge allowed the application filed by the complainant under Section 319 Cr.P.C. and took cognizance against the petitioners-Chakar Khan and Papu Khan for the offences under Sections 148, 341, 323, 324, 325, 307, 354 r/w 149 IPC and against the petitioners-Sirmi, Sehati, Hamira and Rabiyat under Sections 148, 341, 323, 324, 325, 307 r/w 149 IPC and issued arrest warrant against them.

Learned counsel for the petitioner does not challenge the order of cognizance passed by the learned trial court but he has made a limited prayer to the effect that the arrest warrant so issued against the present petitioners may be converted into bailable warrant and they may be allowed to raise all the objections at the time of framing of charges before the trial court.

Learned Public Prosecutor opposed the prayer made by the petitioners.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case as also the fact that the police after thorough investigation filed a Final Report in respect of the present petitioners in this case and thereafter, an application under Section 319 Cr.P.C. was filed by the complainant, in which the cognizance was taken against the petitioners, this Court is of the opinion that the trial court was not justified in issuing warrants of arrest against the petitioners while taking cognizance against them. Accordingly, the arrest warrant so issued against the petitioners is converted into bailable warrant in the sum of Rs.50,000/-. The petitioners are directed to appear before the trial court on or before 15.06.2019 and submit their bail bonds. Upon furnishing the bail bonds, the trial court shall release the petitioners on bail. It is clarified that if the petitioners fail to appear before the trial court within the stipulated period, the trial court shall issue arrest warrants against the petitioners to secure their presence. The petitioners are granted liberty to raise all the objections before the trial court at the time of framing of charge.

Accordingly, the criminal revision petition is disposed of. Stay petition is also disposed of.