- (1.) The present petition has been filed by the petitioners-accused under section 482 Cr.P.C challenging the order dated 2.12.2011 passed by the Addl. District & Sessions Judge, No.3, Kota in Criminal Misc. Application No.372 of 2011, whereby the applications filed by the petitioners under Section 438 and Section 70(2) of Cr.P.C seeking anticipatory bail and cancellation of arrest warrant have been dismissed by the court.
(2.) Heard learned counsel Mr. Anshuman Saxena for the petitioners and learned Public Prosecutor Mr. Peeyush Kumar for the State.
(3.) It appears that the petitioner No.1 Banney Singh was convicted for the offences under sections 148,302/149 and 307/149 IPC and the petitioner No.2-Shivraj Singh was convicted for the offences under sections 148, 302, 302/149 and 307/149 IPC by the Addl. District & Sessions Judge, No.3 Kota in Sessions Case No.2/ 1993 vide the judgment dated 7.9.1995 and both of them were sentenced to undergo life imprisonment. The said conviction was confirmed by the High Court as well as by the Hon'ble Supreme Court. It further appears that during the pendency of the appeal before the Supreme Court, considering the period of incarnation, the Hon'ble Supreme Court had released the petitioners on bail vide the order dated 27.1.2010. The operative part of the order reads as under: "Having regard to the above and since the appellants have undergone a substantial period of the sentence, and they are all said to be of advanced age, let them be released on bail to the satisfaction of the Trial Court.";