JUDGMENT

Raghuvendra S. Rathore, J.—Passing of the order dated 31.7.2009 has led the petitioners to file this misc. petition (952/09) in revision petition No.839/09. By the order impugned, the learned trial court had dismissed the application for bail filed by the petitioners in Sessions Case No. 136/04 wherein cognizance was taken against both the petitioners in exercise of the powers under Section 319 Cr.P.C. and process, by way of non-bailable warrants, was issued on 14.5.2009. This court vide order dated 20.7.2009 had disposed of the revision petition (839/09), wherein the order dated 14.5.2009 was under challenge, with the directions that the petitioners shall appear on or before 3.8.2009 and in failing to do so the warrant of arrest passed by the learned trial court for the purpose of securing their presence shall be revived.

2. The relevant facts for considering the present controversy are that a report (515/02) was lodged on 7.9.2002, on the parcha bayan of the injured Smt. Kalawati @ Kallo, for the offences under Sections 341, 323, 324, 307 IPC and Section 3 of the SC/ST Act. On conclusion of the investigation, the police filed challan against Kalyan Singh and Ghanshyam Si