1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.696 OF 2011 IN CRIMINAL APPLICATION NO.1321 OF 2011 Sunil Ahuja .Applicant V/s. Malti Ahuja & anr. .Respondents WITH CRIMINAL APPEAL NO.1519 OF 2011 Malti Ahuja .Appellant V/s. Sunil Ahuja & anr. .Respondents Mr.Subodh Desai, Advocate, for the Applicant Mr.K.V.Saste, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 12TH DECEMBER, 2011 P.C. . Not on board. 2. Mentioned. 3. Taken on board. 2 4. The applicant is the respondent in Criminal Application No.1321 of 2011 admitted by order dated 1st December, 2011. While admitting the appeal against acquittal of respondent No.1, action under Section 390 was ordered. Section 390 of the Code of Criminal Procedure reads as under :- 390. Arrest of accused in appeal from acquittal.- When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. The applicant, therefore, approached the learned Magistrate, who had acquitted him, for compliance of this order. The learned Magistrate passed an order that facts are taken on record as prayed for. The learned Magistrate should have realized that action under Section 390 mandated him to have the applicant arrested 3 and admitted to bail. Now, since the applicant had appeared in person on his own, there was no question of having the applicant arrested. The learned Magistrate should have admitted him to bail pending hearing of the appeal. The learned Magistrate may now do the needful and send a compliance to this Court. 5. Criminal Application stands disposed of. (R.C.CHAVAN, J.)