JUDGMENT Counsel heard on the application for recalling the warrant of arrest unexecuted, issued vide order of this Court dated 28.8.94 in M.C.C. (Cr.) No. 72/94. The petitioner submits that his Criminal Appeal No. 319/83 against the judgment of conviction and sentence under section 302/34 of the I.P .C. passed in S.T. No. 27/82 by the Additional Sessions Judge, Datia, was decided on 24.9.90 and in that appeal this Court set aside the judgment of conviction and sentence and acquitted the petitioner/accused. That judgment is reported in 1990 JLJ 772 (Chhakki v. State of M.P.), a photocopy of the same is annexed with the petition. inspite of the judgment of acquittal the State got the warrant issued, because when the petitioner was in jail and his representation for releasing him on licence by the Probation Board was pending, this Court allowed the petitioner to be released on bail subject to the decision of the Probation Board. The Probation Board rejected the prayer, therefore, the State applied for cancellation of bail before this Court and on that this Court passed an order cancelling the bail and for issuance of non-bailable warrant of arrest against the petitioner. The State and its authorities did not bring the fact of acquittal to the notice of this Court and, therefore, this Court issued the warrant. Learned Govt. Advocate states that jail authorities could not know about the acquittal, therefore, applied for cancellation of bail and on that the bail of the petitioner was cancelled by the Court and non-bailable warrant of arrest was issued against him. It is also stated that it was incumbent upon the Sessions Judge, Datia to communicate the judgment of acquittal to the jail authorities, but that was not done, hence the jail authorities were in impression that after rejection of the representation, the petitioner/accused has to surrender to serve out the life sentence. We are not satisfied with the explanation on behalf of the State, however, as the petitioner has not been apprehended and has not been lodged in jail, we direct that now the non-bailable warrant of arrest, so issue4 against the petitioner/accused, shall not be executed, as the petitioner/accused stands acquitted before this Court in Criminal Appeal No. 319 of 1983, decided on 24.9.90. The petition is disposed of accordingly.