1. - Instant petition U/s. 482 Cr.PC. has been filed by accused against order dated 06.11.07 whereby Addl. Chief Judi. Mag. Kishangarh Bas (Alwar) took cognizance of offences U/Ss. 457 & 380, IPC on protest petition against petitioners summoned them through arrest warrants-against which Cr. Rev.-49/07 was preferred but was dismissed by Addl. Sess. Judge Kishangarh Bas No. 1, Alwar vide order dated 21.12.07.

2. Complainant (respondent No. 2) Sher Singh who happens to be real brother of petitioners and is residing nearby, initially filed criminal complaint on which FIR was registered for offences U/s. 457 & 380, IPC and after investigation the police filed negative final report; at this stage complainant filed protest petition, on which his statement & of his witnesses U/s. 202 Cr.RC. were recorded-taking note whereof, learned trial Magistrate took cognizance against them and summoned them by non-bailable warrants.

3. Counsel for petitioner has tried to convince this Court on merits that the order taking cognizance against petitioner on protest petition is not legally sustainable but later on, prays for conversion of arrest warrants into bailable warrant particularly in the facts & circumstances where there is negative final report and keeping in view nature of the offence, issuance, of arrest warrants is not legally justified and in support, he has placed reliance upon decision of this Court in Harbhajan & Ors. v. State of Rajasthan, 2006(1) RCC 234 and of Apex Court in Indermohan Goswami v. State of Uttaranchal, JT 2007(11) SC 499 , wherein Apex Court has considered in details in regard to circumstances necessitating issuance of arrest warrants as it is only to ensure presence of the accused and in State of UP v. Poosu, 1976(3) SCR 1005 referred to in Indermohan v. State UC (supra), Apex Court observed ad infra :

"....Broadly speaking, the court would take into account the various factors such as the nature and seriousness of the offence, the character of the evidence, circumstances peculiar to the accused, possibility of his absconding, larger interest of the public and the State."
Since Counsel has confined only to the prayer for converting from non-bailable into bailable warrant, therefore without examining controversy raised on merits, but keeping in view the facts (supra) & in interest of justice, this Court considers it proper to convert the warrants impugned from non-bailable to bailable and direct each of petitioners (1) Jagdish (2) Mahaveer & (3) Suresh call sons of Jainarain Ahir) to appear on or before 17.12.07 before trial Court in criminal case arising out of FIR-35/06 PS Kotkasim (Alwar) and shall furnish bail bonds as the trial Court may deem proper; and in the meantime, they shall not be arrested in execution of non- bailable warrant issued by court below, and on failure to appear as directed (supra), the trial Court will be free to proceed further for procuring their attendance in accordance with law.

4. In the light of aforesaid direction, misc. petition along with stay petition stands allowed. A copy of this order be sent to the trial Court for compliance.Writ petition allowed.

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