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2003 Supreme(Raj) 981

HARBANS LAL
Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:M.K. Kaushik, Advocate.
For the State: M. Mitra, P.P.

JUDGMENT

1. 1. This bail application under section 439 Cr.P.C. has been filed on behalf of petitioners Prakash, Rama and Jaidei who are facing trial before the learned Additional District and Sessions Judge (Fast Track) Laxmangarh in Sessions Case No. 31/02 for the offences under sections 302 and 452 IPC.

2. Learned counsel for the petitioners has submitted that the investigating agency had not filed any challan against the petitioners but they were summoned by the learned trial court in exercise of powers under section 319 G.P.C. through non-bailable warrants. The petitioners filed two separate S.B. Criminal Revision Petitions No.1045/2002 and 1091/2002 against the aforesaid order wherein the order of summoning the petitioners was upheld but the warrant of arrest was converted into bailable warrants. Pursuant thereto they surrendered before the learned trial court on 3.1.2003 and submitted bail application but the learned trial court dismissed the same vide order dated 4.1.2003. It has been argued that the learned trial court has not only dis-obeyed and flouted the orders of this court but has also shown scant regard for this court by refusing the bail application inspite of the or








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