The court's discretion to convert non-bailable warrants to bailable warrants based on the circumstances and submissions made by the parties.

JUDGMENT

Prakash Gupta, J. - Instant petition has been filed under Section 482 Cr.P.C. to challenge the order dated 16.02.2019 passed by Additional Chief Judicial Magistrate, Aklera, District Jhalawar, by which cognizance has been taken for the offence under Section 457, 376 IPC against the petitioners and they have been summoned through nonbailable warrants.

2. It is submitted by the learned counsel for the petitioners that complainant-respondent No.2 had lodged an F.I.R. No.172/2006 at Police Station Aklera. After thorough investigation, Investigation Officer submitted a negative report in the Court. Against the same complainant submitted protest petition and the same was dismissed by the Trial Court against which a revision was filed by the complainant. The same was allowed by the Additional Sessions Judge, Aklera and the matter was remanded back to the Trial Court to decide the matter afresh.

3. It is submitted that thereafter by the impugned order learned Trial Court took cognizance for the offence under Sections 457 and 376 IPC against the petitioners and they have been summoned through non-bailable warrants.

4. It is further submitted that the counsel for the petitioners without assailing the merits of the impugned order has has relied upon the case of Inder Mohan goswami & Another Vs. State of Uttaranchal & Others, (2007) 12 SCC 1 A.I.R ., to contend that the Trial Court while taking cognizance should not have issued non-bailable warrants at first instance.

5. Learned counsel for the petitioners has further placed reliance upon the case of Manohar Lal Saini & Others Vs. State of Rajasthan,2016 1 CJ(Cri)(Raj) 289 and contended that the Division Bench has held that where the accused are summoned under Section 319 Cr.P.C. as an additional accused, the non-bailable warrants should not be issued.

6. Learned counsel for the petitioners has submitted that the Investigating Officer after thorough investigation came into conclusion that the petitioners were not involved in the occurrence. It is also submitted by him that if custody of the petitioners was not required during the course of investigation after completion of investigation petitioners should not be taken into custody.

7. Having regard to the submissions made by the learned counsel for the petitioners and learned Public Prosecutor, the non- bailable warrants issued against the petitioners are converted as bailable warrants.

8. The present petition stands disposed of, Accordingly.