Debiprasad Sengupta, J. - (1.) In the present application the accused respondents have prayed for appropriate order/direction from this court in connection with a criminal appeal against an order of acquittal preferred by the State of West Bengal being Govt. Appeal No. 12 of 1996.
(2.) It appears that by an order dated 15th July, 1995 passed by the learned Additional Sessions Judge, 8th Court, Alipore the respondents were acquitted of the charges framed against them. Against the said order of acquittal the State of West Bengal preferred an appeal before this court. By an order dated 15.2.96 the said appeal was admitted by this court. Having received the notice from this Court the present respondents entered appearance through their learned Advocate.
(3.) It appears from the order dated 30.7.99 that this court gave a direction upon the Lower Court to take the respondents into custody and to commit them to prison pending the hearing of the appeal. It was also directed that after their arrest if the respondents file any application for bail the same will be disposed of by the court concerned in accordance with law. Thereafter by an order dated 27.9.99 this court again passed an order, considering the fact that the respondents have already entered appearance by filing power, directing the said respondents to surrender before the court below within one week from that date and on such surrender they would be released on bail. Thereafter on 29.9.99 the respondents surrendered before the learned court below. It appears from the order dated 29.9.99 passed by the learned Additional Sessions Judge, 8th Court, Alipore that the said respondents were granted bail with a direction for appearance on the next date. Mr. Tapan Deb Nandy the learned Advocate appearing for the respondents submits that the accused respondents thereafter appeared before the concerned court below on 12.11.99, 4.1.2000, 24.1.2000 and on 2.3.2000 as per direction of the court below. Mr. Nandy submits that in a case where the appeal against an order of acquittal has been admitted by this court the respondents are not at all required to appear before the concerned court below on each and every date pending hearing of the appeal.;