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of <h1>Non-bailable warrants for Sections 457 and 376 IPC converted to bailable after petition highlights prior negative report.</h1> <h3>Kanhaiyalal & Chintamani Versus State of Rajasthan, Through PP. & Santra Bai</h3> Kanhaiyalal & Chintamani Versus State of Rajasthan, Through PP. & Santra Bai - TMI Petition under Section 482 Cr.P.C. challenged order taking cognizance for offences under Sections 457 and 376 IPC and issuance of 'non-bailable warrants'. Background: FIR No.172/2006; Investigating Officer submitted a negative report; complainant's protest petition was dismissed; on revision the matter was remanded for fresh decision. Trial Court thereafter took cognizance and issued non-bailable warrants. Reliance was placed on Inder Mohan Goswami (A.I.R. 2007 12 SCC 1) that a trial court should not issue non-bailable warrants at the first instance, and on Manohar Lal Saini (2016 (1) CJ (Cri.) (Raj.) 289) holding that non-bailable warrants should not be issued where accused are summoned under Section 319 Cr.P.C. Also noted: Investigating Officer concluded petitioners were not involved and custody was unnecessary post-investigation. Court converted the 'non- bailable warrants' into bailable warrants and disposed of the petition.
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