R.S. Chauhan, J. - (1.) The petitioners have challenged the order dated 18.3.2005 passed by the learned Special Judge, (Dacoity Affected Area), Bharatpur, by which he has upheld the order dated 2.6.03 passed by the learned Civil Judge (Jr. Div.) and Judicial Magistrate, Nadbai (Bharatpur). By the latter order the learned Magistrate had taken cognizance against the petitioner for the offence under Section 376, 342 and 120-B, IPC.
(2.) Shri Sinslnwar, learned counsel for the petitioners states that a complaint was filed on 27.6.2000 for the offence as aforementioned. However after a thorough investigation, the police had submitted a negative final report. Against it, a protest petition was filed and the statements of prosecutrix and her mother were recorded. Relying on the statements of prosecutrix, cognizance was taken against the petitioners vide order dated 2.6.03. Since the petitioners were aggrieved by the said order, they filed a revision petition before the learned Sessions Judge. The case was transferred to the Special Judge who vide order dated 18.3.05 has upheld the cognizance order. Learned counsel for the petitioner has contended that the offence is alleged to have been committed in the year 2000, the petitioners have observed good behaviour and have not disturbed the prosecutrix or her family members for the last five years. The learned counsel has? fairly conceded that he is not praying for quashing of the cognizance order. But as non-bailable warrants of arrest have been issued by the trial court, therefore, the non-bailable warrants of arrest should be converted into bailable ones.
(3.) Keeping in view the fact that the incident relates to the year 2000, keeping in view the fact that no untoward incident has occurred in the last five years between the complainant and the alleged accused petitioners, keeping in view the good behaviour observed by the petitioners during this period, considering the fact that the accused petitioners are willing to stand trial, in the interest of justice, we deem it proper to convert the non-bailable warrants of arrest into bailable warrants provided each of them furnishes a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of trial court on or before 12.12.05. Petition allowed.;