1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIP UR O R D E R 1.D.B. Criminal Misc.Suspension of Sentence Application No.995/2010 2.D.B. Criminal Misc.Suspension of Sentence Application No.994/2010 IN D.B. Criminal Appeal No.1082 of 2008. State of Rajasthan through Public Prosecutor VERSUS Banti @ Mohd. Hassan son of Shri Ali Hassan & Another Date of Order ::: 26.10.2010 Hon'ble Mr. J ust ic e Dalip Singh Hon'ble Mr. J ust ic e S.S. K ot hari Mrs. Rekha Madnani, Public Prosecutor for the State/appellant Mr. Pankaj Gupta and Mr. Sandeep Pathak, Counsel for the accused-respondents **** Accused-respondents No.1 and 2 viz., Banti @ Mohd. Hassan son of Shri Ali Hassan and Sumit Kumar son of Shri Bala Sahai were ordered to be summoned by this Court vide order dated 13.10.2008, but as notices could not be served, this Court on 26.10.2009 directed issuance of bailable warrants against the accused-respondents. However, since the accused failed to appear, it was directed on 19.05.2010 that the accused be produced before this Court and non-bailable warrants were ordered to be issued. Ever since the passing of the order dated 19.05.2010 opportunities were granted to the accused to appear before the Court and today both the accused-respondents are present in-person. They have been identified by their respective counsel - Shri Pankaj Gupta and Sandeep Pathak. 2 An application bearing No.8187 dated 16.08.2010 has been filed on behalf of the accused under Section 70 (2) Cr.P.C. praying therein that their non-bailable warrants may be ordered to be converted into bailable warrants. The aforesaid application filed under Section 70 (2) Cr.P.C. for converting the non-bailable warrants into bailable warrants in the light of the above has become infructuous and is disposed of as having become infructuous. Today, a fresh application under Section 390 Cr.P.C. has been filed on behalf of the accused-respondent No.1–Banti @ Mohd. Hassan and another application under Section 390 Cr.P.C. on behalf of the accused respondent No.2 - Sumit Kumar for release the accused-respondents on bail during the pendency of the aforesaid appeal. We have considered the application. Heard learned Public Prosecutor for the State- appellant as well as learned counsel for the accused- respondents. Having regard to the facts and circumstances of the case and the contents of the application made on behalf of the accused-respondents, we are inclined to allow both the applications filed under Section 390 Cr.P.C. and grant bail to the accused-respondents viz., Banti @ Mohd. Hassan son of Sri Ali Hassan and Sumit Kumar son of Shri Bala Sahai on their furnishing a personal bond in the sum of Rs.50,000/- (rupees 3 fifty thousand only) with two sureties of Rs.25,000/- each to the satisfaction of the Deputy Registrar (Judicial) of this Court for their appearance before this Court on 22nd November, 2010 and on all subsequent dates of hearing and as and when called upon to do so. All the three applications stand disposed of as above. (S.S. Kothari) J. (Dalip Singh) J.