- (1.) Heard the learned counsel for the parties. This miscellaneous bail application under Section 390 read with Section 378, Cr. P.C. has been filed for release of Taiyab alias Mubin respondent No. 3, Islam alias Pandit respondent No. 5 and Khurshid alias Khurram respondent No. 6 after quashing the order dated 12-6-2008 passed by the learned Magistrate, whereby their bail bonds were forfeited and the respondents were ordered to be taken into custody.
(2.) The material facts giving rise to this bail application are that the above mentioned respondents, along with co-accused persons, had faced trial before the learned Sessions Judge, Alwar in Sessions case No. 55/2005 for the charges under Section 396, IPC and Section 3 read with Section 25 of the Arms Act. On conclusion of the trial, the learned Sessions Judge, by his judgment dated 5-5-2006, had acquitted the accused persons including the present respondents, for all the charges levelled against them. Thereafter, the State of Rajasthan preferred an appeal against the said judgment passed by the learned Court below and the victim namely Smt. Uma Goyal had also filed a revision petition (No. 561/2006) challenging the order of acquittal dated 5-5-2006. Criminal Law Journal Software 1950-2011 (c) Copyright with All India Reporter Pvt. Ltd., Nagpur
(3.) The victim Uma Goyal had then filed an application before this Court, under Section 390 read with Section 482, Cr. P.C. for committing the respondents, along with other accused persons, to prison. After hearing the parties, a Co-ordinate Bench of this Court by its order dated 12-9-2006 committed the co-accused namely Mubeen and Amin to prison but granted bail to Taiyab, Islam and Khurshid, after imposing following conditions :- "(i) They will not commit any offence during the pendency of appeal. (ii) On the last day of each month, they will appear before the SHO Police Station MIA, Alwar, who shall refer their presence in the daily Rojnamcha.";