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2011 Supreme(Raj) 1965

R.S.CHAUHAN
Suresh Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:D.G. Chaturvedi, Advocate.
For the State: Alka Bhatnagar, PP.

JUDGMENT

1. - The learned counsel for the petitioners has made a very limited prayer before this Court. According to him, he is not challenging the impugned order on merit, but merely requests that the non-bailable warrants issued against the petitioners should be converted into bailable ones.

2. Mr. D.G. Chaturvedi, has contended that when a process is issued under Section 319 Cr.P.C., initially summons should be issued, or at worse bailable warrants should have been issued, instead of issuing non-bailable warrants at the first instance. In order to buttress this contention, the learned counsel has relied upon the case of Inder Mohan Goswami & Anr. v. State of Uttaranchal & Ors., 2008(1) WLC (SC) Cri 34 : AIR 2008 SC 251 .

3. On the other hand, Mrs. Alka Bhatnagar, the learned Public Prosecutor, has vehemently opposed the prayer made by the learned counsel for the petitioners.

4. Heard the learned counsel for the petitioner and as well as the learned Public Prosecutor and perused the impugned order.

5. In the case of Inder Mohan Goswami (Supra), the Hon'ble Supreme Court has observed as under :

Personal liberty and the interest of the State

Civilised countries have recognised that libe


















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