( 1 ) BY this order two applications being Crl. M. (M) 4699/98 under Section 439 of the Code of Criminal Procedure (for short the Code ) filed by Nafees Ahmad Siddiqui (for short nafees ) for bail and the other being Crl. M. (M) 654/99 under Section 482 of the Code filed by the complainant Shri P. D. Lakhani for setting aside the order dated 20/2/1999 passed by the learned Additional Sessions Judge admitting respondents No. 2 to 5, namely, Shadab Ahmed Siddiqui, Nadeem Ahmed Siddiqui, Shailendra Dixit and Waseem Faridi (for short Shabad, Nadeem, Dixit and Waseem) to anticipatory bail.

( 2 ) NAFEES alongwith Brij Mohan Sharma, Sanotsh Kumar Sharma, Ram Kishan Chauhan (for short Brij, Santosh and Chauhan) has been chargesheeted for offences under Sections 386/506/120-B Indian Penal Code. Whereas aforesaid four others who had been absconding have been shown in column No. 2 of the report. Proceedings under Sections 82 and 83 were initiated against these four persons and in the meantime the learned Additional Session Judge has admitted them to anticipatory bail.

( 3 ) SINCE arguments have been addressed at length in both these cases it would be proper to refer to the fa