ORDER 1. We have heard counsel for the parties and have also perused the impugned judgment and order of the High Court, which has the sole quality of brevity. 2. Leave granted. 3. This Court has in a series of judgments held that a court exercising appellate power must not only consider questions of law but also questions of fact and in doing so it must subject the evidence to a critical scrutiny. The judgment of the High Court must show that the Court really applied its mind to the facts of the case as particularly when the offence alleged is of a serious nature and may attract a heavy punishment. 4. The instant case is one in which the charge levelled against the appellants was under Section 364-A IPC read with Section 34 IPC though they were convicted and sentenced to undergo RI for 3 years under Section 363 IPC read with Section 34 IPC and to pay a fine of Rs. 5000 each and in default of payment of fine to undergo RI for three months. 5. The judgment of the High Court is in three short paragraphs. It leaves much to be desired. No serious attempt appears to have been made by the High Court to appreciate the evidence on record. In this view of the matter, we set aside the impugned judgment and order and remit the matter to the High Court for fresh hearing and disposal in accordance with law. 6. The appeal is allowed. We have already released Appellant 2 on bail. Appellant 2 shall continue to be on bail. We direct that Appellant 1 shall also be released on bail subject to his furnishing bail bonds and sureties to the a satisfaction of the trial court.