JUDGMENT 1. - By the order dated 10th May, 1993, recorded in the Criminal Miscellaneous Appln. for cancellation of the bail No. 113/90 in S.B. Cri. Appeal No. 155/89, the bail bonds of Surja Ram and Bhadar vial furnished in S.B. Cri. Appeal No. 355/89. were forfeited and the proceedings under section 446 Criminal Procedure Code were ordered to be started against them, with further order to issue standing non-bailable warrants for the arrest and production of Surja Rain and Bhadar Mal before this Court. On this very date, by the very same order the aforesaid Cri. Appeal No. 355/89 was ordered to be heard by the Division Bench and D B. Criminal Appeal No. 355/89 was also ordered to be heard alongwith Cri. Appeal No. 355/89. This order was passed because, it was noticed that Surja Ram and Bhadar Mal were not being served in the State Appeal No. 456/39 despite repeated efforts. However, this order was recorded in the file relating to the application for cancellation of the bail i.e. No. 113/90. although a copy thereof was also included in the State Appeal No. 456/89. 2. The note sheet dated 15th October, 93 recorded in this very case, i.e. No. 113/90 shows that accused Surja Ram was arrested and was presented before the Dy. Registrar (Judl.) on 15th October, itself, which was the last working day before commencement of the Dushera break and the Dy. Registrar (Judi.) recorded that accused Surja Ram may he sent to Supdt. Central Jail, Jaipur. with the direction to produce him before the Court on 25th October, 93. In this view of the matter accused Surja Ram is to be treated to have remained in custody under the orders of the Court. The matter was thereafter listed on 25th October, 93, 26th Oct. 93 and then again today, i.e, 27-10-93. On 25-10-93 an application was moved by Surja Ram for releasing him on bail and that application has been registered as Cr. Application No. 351/93 in Cr. Appeal No. 355/89. Mr. The matter was thereafter listed on 25th October, 93, 26th Oct. 93 and then again today, i.e, 27-10-93. On 25-10-93 an application was moved by Surja Ram for releasing him on bail and that application has been registered as Cr. Application No. 351/93 in Cr. Appeal No. 355/89. Mr. V.K.Bandhu appearing on behalf of the complainant in the application for cancellation of the bail i e. 113/90 has opposed the aforesaid application of Surja Ram and has submitted that he has applied for the cancellation of the bail, and in view of, the order dated 10th May, 93, whereby the bail bonds of Surja Ram had been forfeited, there is no question of now granting bail and releasing him, as there is already a standing non-bailable warrant. 3. We have considered the submissions of Shri Rathore as well as Shri Khursheed Ahmad Khan, A.P.P. and Shri V.K Bandhu. The order dated 10-5-93 of course recorded in Cri Misc. Appin. No. 113/90 clearly shows that the order was passed to secure the presence of Surja Ram and Bhadar Mal in the State Appeal No. 456/89 in which they were not appearing, now Surja Ram has been arrested en the basis of the non-bailable warrant ordered to to issued by this Court on 10-5-93. Notwithstanding the pendency of the application for cancellation of the bail. looking to the fact, that in the main appeal No 155/89 Surja Ram had been granted bail earlier after suspending the sentence, without expressing any opinion on the merits with regard to the application seeking the cancellation of bail, we deem it appropriate to direct that Surja Ram may furnish fresh hail bonds and on his furnishing fresh bail bond for a sum of Rs. 10,000/- and two surety of Rs. 5,000/- each to the satisfaction of the Dy. Registrar. (Judl.), he may be released on bail, if not required in any other case. 4. This order also disposes of the Cri. Misc. Appin. No. 351/93 in Cri. Appeal No. 355/89. 5. Now the application for cancellation of the bail i.e. Cri. Misc. Appin. No. 113/90 filed in Cri. Appeal No. 355/89 may he listed before the Court after the service is affected on Bhadar Mal, as Shri R.S. Rathore represents Surja Ram only. Shri R S. Rathore has given out the latest and correct address of Bhadar Mal as, 322, Infantry Brigade, C/o. 56 APO. Misc. Appin. No. 113/90 filed in Cri. Appeal No. 355/89 may he listed before the Court after the service is affected on Bhadar Mal, as Shri R.S. Rathore represents Surja Ram only. Shri R S. Rathore has given out the latest and correct address of Bhadar Mal as, 322, Infantry Brigade, C/o. 56 APO. The registry may proceed accordingly for service on Bhadar Mal and thereafter the application No. 113/90 may be listed before the Court on the date to be fixed by the registry. Now all these matters, i e. Cr. Appeal No 355/89 Cri Misc. Appln. for cancellation of the bail No. 113/90. D.B. Crs. Misc Appin. No. 901/93 and D B. Cri. Appeal No. 456/89 shall be listed together. A copy of this order may be included in all the files including D.B. Cri. Misc. Appin. No. 351/93. *******