1 SB CR. MISC. (SOS) APPLICATION NO. 384/10. IN SB CR. APPEAL NO.230/10. HON'BLE MS. JUSTICE BELA M. TRIVEDI DATE OF ORDER : 2.1.2012 Mr. Rohan Jain for the appellants. Mr. Javed Choudhary, P.P. Today the accused Jakir S/o Alimuddin has been produced before this court by the A.S.I., Prahlad Singh and the said accused is being identified by the learned counsel Mr. Rohan Jain, who is appearing for him in the appeal. It appears that the accused Jakir alongwith other accused Mushtak Ali were convicted and sentenced for the offences under the NDPS Act, by the Special Judge, NDPS, Jhalawar in Sessions Case No. 44/06 as per the judgment and order dated 29.3.10. The present accused appellant was sentenced to imprisonment for a period of three months and fine of Rs. 3,000/-. In the criminal appeal, the accused appellant was released on bail by this court pending appeal on the terms and conditions mentioned in the order dated 2.4.2010. Since the accused could not furnish the bail bonds as directed by the court, he remained in jail. After the completion of the sentence of three months as sentenced by the court of Special Judge, 2 NDPS, Jhalawar in Sessions Case No. 44/06 by judgment and order dated 29.3.10, he was released from the jail. However, it appears that the appellants did not remain present before the court during the course of appeal and hence the court vide order dated 9.11.11 issued warrants of arrest against the present accused alongwith the other accused- appellants. Subsequently an application was moved on behalf of the accused appellants for recalling of the order dated 9.11.11, on the ground that the present accused had already undergone the sentence of three months and, therefore, they should be set free. However, the court vide the order dated 17th November, 2011 dismissed the said application. The present accused appellant Jakir S/o Alimuddin thereafter was arrested by the Khanpur Police, Station, Jhalawar on 28.9.11 and has been brought before this court through Central Jail, Jaipur. It has been submitted by the learned counsel Mr. Rohan Jain for the accused appellant Jakir that since he has already undergone the sentence as imposed by the Court of Special Judge, NDPS, Jhalawar and also paid the fine, he could not be now detained in the custody. He has also drawn 3 the attention of the court to the report dated 14.9.11 of the Special Judge, NDPS Court, Jhalawar to the effect that the accused was released from the jail on his undergoing imprisonment for a period of three months and payment of fine of Rs. 3,000/-. Having regard to his submissions and to the fact that the accused appellant has already paid the fine and undergone the sentence imposed by the Special Judge,NDPS Court, Jhalawar in Sessions Case No. 44/06, he could not be detained any more in the custody. In that view of the matter the accused appellant Jakir S/o Alimuddin be released forthwith. The warrant of arrest issued against him stands cancelled accordingly. Since the other accused appellant Mushtak Ali is absconding, the warrant of arrest issued against him shall continue. (BELA M. TRIVEDI) J. MRG. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. M.R. Gidwani PS-cum-JW