ORDER 1. LEAVE GRANTED. 2. THE APPELLANT BEFORE US IS THE RESPONDENT IN CRIMINAL APPEAL NO. 1684 OF 1997 FILED BY THE STATE IN THE HIGH COURT IN A CASE RELATING TO THEFT OF ELECTRICITY. AS A CONDITION OF BAIL IN THE SAID APPEAL THE APPELLANT WAS DIRECTED TO APPEAR BEFORE THE REGISTRY ON 8-1-2003. HE FAILED TO APPEAR ON THAT DATE. ACCORDING TO THE IMPUGNED ORDER THE RESPONDENT WAS ARRESTED ON 30-10-2003 AND HIS BAIL WAS CANCELLED ON 15-11-2003. THE APPLICATION BEING MCRP NO. 644 OF 1997 SEEKING CONDONATION FOR NON-APPEARANCE ON 8-1-2003 AND GRANT OF BAIL HAS BEEN REJECTED BY THE HIGH COURT BY THE IMPUGNED ORDER. THE EFFECT OF THE IMPUGNED ORDER IS THAT DESPITE AN ORDER OF ACQUITTAL THE RESPONDENT REMAINED IN JAIL FROM 30-10-2003 TILL 30-4-2004 WHEN THIS COURT WHILE ISSUING NOTICE DIRECTED HIS RELEASE. THESE FACTS ITSELF SHOW THAT THE IMPUGNED ORDER CANNOT BE SUSTAINED BY ANY REASONING AND WE SAY NO MORE IN THIS REGARD. UNDER THESE CIRCUMSTANCES, WE ALLOW THE APPEAL, SET ASIDE THE IMPUGNED ORDER AND CONFIRM THE ORDER DATED 30-4-2004 GRANTING BAIL TO THE APPELLANT PENDING DECISION OF CRIMINAL APPEAL NO. 1684 OF 1997 IN THE HIGH COURT. FURTHER, WE DIRECT THAT IT WOULD NOT BE NECESSARY FOR THE APPELLANT TO APPEAR BEFORE THE REGISTRY TILL THE PENDENCY OF THE APPEAL BEFORE THE HIGH COURT. 3. THE APPEAL IS ALLOWED ACCORDINGLY.