1. - The matter comes up for orders on stay application. Both learned counsel for the parties agree that this matter may be heard finally at this stage.

2. Learned counsel for the petitioner argues that in the statement under Section 161 Cr.PC., the prosecutrix has not named the present petitioner. The police after investigation had filed FR so far as the present petitioner is concerned. On 25.5.2006, the prosecutrix has changed her version in her statement under Section 164 Cr.P.C. The learned trial court while accepting the application under Section 319 Cr.P.C. has summoned the petitioner as an additional accused for offence under Sections 363, 366 and 376 IPC and issued warrant of arrest against him. It is contended that learned Additional Sessions Judge has not considered the matter in true perspective and has wrongly summoned the petitioner as additional accused. Therefore, the order impugned may be quashed. In the alternative, it is prayed that co-accused Hari Singh is on bail, therefore, instead of warrant of arrest, accused-petitioner be summoned by issuing bailable warrant.

3. Learned Public Prosecutor and learned counsel for the respondent have supported the order impugned passed by learned Additional Sessions Judge (Fast Track) No. 1, Jodhpur. They argues that the prosecutrix has taken the name of the present petitioner in her court statement, therefore, the learned trial court has rightly passed the order impugned, which does not call for any interference.

4. I have considered the submissions advanced by learned counsel for the petitioner and gone through the order dated 1.11.2007 passed by learned Additional Sessions Judge (Fast Track) No. 1, Jodhpur. Looking at all the facts and circumstances of the case, I do not find any ground to interfere with the order impugned.

5. However, in the interest of justice, it is ordered that instead of issuing non-bailable warrant, bailable warrant in the sum of Rs. 10,000/- be issued against the petitioner and if accused surrenders himself before the Additional Sessions Judge (Fast Track) No. 1, Jodhpur and move regular bail application of the petitioner on the same day in accordance with the law as co-accused in on bail.

6. With the aforesaid observations and directions, this criminal revision petition is disposed of accordingly.Revision decided as above.

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