M.N. Bhandari, J. - (1.) BY this criminal misc. petition, following prayer has been made - "It is, therefore, most humbly prayed that your Lordships may graciously be pleased to accept and allow this Criminal Misc. Petition and further the learned Trial Court may kindly be directed to expeditiously issue warrant of arrest in view of the order passed by the Hon'ble Supreme Court and Hon'ble High Court and the respondents No. 2 & 3 be directed to arrest the accused persons."
(2.) LEARNED counsel for petitioner submits that despite a detailed judgment of this court in SB. Cr. Misc. (Cancellation of Bail) Application No. 7643/2011, decided on 18.4.2013, the police has not arrested the accused respondents. This is more so when after interim order of the Hon'ble Supreme Court against the said order, finally the SLP No. 3824/2013 and 4059/2013, preferred by the accused respondents, were withdrawn with a liberty to file application before the learned Magistrate for regular bail, The accused respondents did not submit a bail application in pursuance to the liberty given by the Hon'ble Supreme Court thus petitioner had submitted an application at annexure -13 to forfeit bail bonds and for issuance of warrant of arrest. The application aforesaid has not been decided despite order of this court so as the Hon'ble Supreme Court. Thus, petitioner was left with no option but to prefer this criminal misc. petition with the prayer made above. The police personnel are hand -in -gloves with the accused, therefore only, non -petitioners have not been arrested since long. It is when a direction was given by the High Court to arrest them while cancelling their bail by a detailed and reasoned order. This court may pass appropriate order as prayed in this petition or, in the alternative, direction may be given to the court below to consider and decide the application immediately in the light of the judgment of this court and the Hon'ble Supreme Court.
(3.) LEARNED counsel for accused respondents raised objection regarding maintainability of the misc. petition. He submits that when the similar application is pending before the learned Magistrate, this petition would not be maintainable. He further submits that after cancellation of bail and while the matter was pending before the Hon'ble Apex Court, accused respondents were granted regular bail on filling of charge sheet, thus question of forfeiture of bail bonds and issuance of warrants of arrest does not arise.;