Fua Ram and Another vs State of Rajasthan

Sandeep Mehta, J.—Heard learned Counsel for the Applicant and the learned Public Prosecutor.

Learned Counsel for the Applicant submits that the Petitioner and co-accused persons, namely, Anil Vyas and Nathmal Prajapat were summoned in connection with FIR case No. 1/2004 of Police Station Bali and in Criminal Original Case No. 261/2006 by warrant of arrest. The said order of issuance of warrant of arrest was passed by the learned A.C.J.M, Bali on 25.11.2006. The co-accused persons, namely, Anil Vyas and Nathmal Prajapat, Anop Singh, Raju Singh and Gajendra Singh approached the learned Additional Sessions Judge, Bali for issuance of directions u/s 438 Code of Criminal Procedure and the learned Addl. Sessions Judge, Bali directed the conversion of the warrant of arrest to summons by his order dated 22.12.2010.

Learned Counsel for the Applicant submitted that on the merits of the case, there is no difference between the case of the Applicants and that of the co-accused persons, named above; and as such rejection of their bail application was absolutely unjust.

The learned Addl. Sessions Judge appears to have made a strange approach while rejecting the present application inasmuch as he has converted warrant of arrest into summons for those co-accused persons, who are in Government service but simply because the two Petitioners, who are before this Court in the present application, were/are not in Government service, their warrant of arrests have been sustained. This approach of the learned Addl. Sessions Judge seems to be absolutely unfair and cannot be appreciated. It is also noticed that when the merit of the case is similar then no discrimination can be made because one person is in Government service and other is not.

Learned Public Prosecutor does not dispute this fact that the allegations as levelled against the co-accused person whose application has been allowed by the learned lower court and the present Applicants are similar in nature.

Be that as it may. It is I, without expressing any opinion of merit of the case, do feel inclined to grant indulgence of bail to the Applicants.

Accordingly, the bail application is allowed, it is directed that warrant of arrest issued against the Applicants (1) Fua Ram S/o Daragaji and (2) Govind Ram S/o Lachhi Ram in pursuance to order dated 25.11.2006 passed by learned A.C.J.M, Bali in Criminal Case No. 261/2006 shall be converted into bailable warrant. It is also made clear that this order shall remain in currency for a period of one month from today.