Vijay Lakshmi, J. - (1.) By means of this Criminal Appeal filed under section 449 of Cr.P.C., the appellants have challenged two orders. The first order is dated 17.2.2018 and the second is dated 6.3.2018, both passed by learned Additional Sessions Judge, Court No. 3, Aligarh, in S. T. No. 109 of 2003, State Vs. Sanjeev @ Roby and others, arising out of Case Crime No. 307 of 2002, u/s 302 I.P.C., P.S. Gandhipark, District Aligarh, whereby the learned trial court has rejected the applications moved by the appellants and has allowed the applications moved by the prosecution.
(2.) Heard learned counsel for the appellants and learned AGA. Perused the record.
(3.) The relevant facts in brief are that an application numbered as 585 Kha was moved by the appellants before the learned trial court with prayer to not to take any further coercive step in pursuance of N.B.W. issued against them on the ground that the appellant no. 1 Sanjeev was unable to come to court due to sustaining gunshot injury and appellant no. 2, Yogesh, due to illness was also unable to attend the court. The trial court vide impugned order dated 17.2.2018 rejected the application 585 Kha. On the other hand, it allowed the application moved by the complainant, forfeited the personal bonds and surety bonds of the appellants and issued notices u/s 446 Cr.P.C. to the sureties. Issuing NBW against the appellants, the learned trial court also fixed the date for their personal appearance by the same order.;