1 D.B. CRIMINAL MISC. BAIL APPLICATION NO.732/2008 IN D.B. CRIMINAL APPEAL NO.265/2006 DATE OF ORDER : 23.7.2008 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SANGEET LODHA Mr. Vinit Kumar Mathur, for the applicants-appellants. Mr. J.P.S. Choudhary, Public Prosecutor. Heard learned counsel for the appellants-applicants, whose bail bonds have been forfeited by order of this Court dated 17.4.2008, in view of the fact that they failed to mark their attendance before the trial court in pursuance of the order of this Court in the month of January, 2008, which was one of the condition for suspension of sentence. Learned counsel for the applicants submits that due to reasons mentioned in the application, they could not mark their attendance before the trial court and that may be condoned. Since, all the accused appellants have put in their apperance in this Court and marked their presence today voluntarily, therefore, attendance of the accused appplicants for the month of January, 2008 is dispensed with. Since, the bail bonds submitted by the sureties have been forfeited, therefore, the applicants are directed to submit fresh bail bonds as well as surety bonds in terms of the original orders of 2 suspension of sentence dated 15.5.2006 and 17.1.2007 before the trial court. The condition mentioned in the above orders shall apply in future also. The arrest warrants, if have been issued by the trial court for arrest of the accused applicants, the same may be called back without compliance. Since, the accused have put their appearance before this Court, therefore, office need not to issue any notice to the sureties as ordered by this Court dated 17.4.2008. However, their bail bonds have also been forfeited. Looking to the facts and circumstances of the case, proceedings under Section 446 Cr.P.C. may not be initiated against these sureties. Therefore, this application which is titled as “Bail Application” is allowed accordingly. (SANGEET LODHA), J. (PRAKASH TATIA), J. vs