1. - The appellant had moved Criminal Miscellaneous Second Parole Bail Application in this case which came up before the Court on April, 18, 1994 and the appellant was granted 20 days parole on condition of executing a personal bond in the sum of Rs. 25,000/- and furnishing two sureties of Rs. 10,000/- each to the satisfaction of the Sessions Judge, Udaipur.

2. It was presumed that the appellant got himself released on the strength of this order and when he did not surrender after the period of parole was over, it was directed that action under Section 446 of the Code of Criminal Procedure be taken against the appellant by the Sessions Judge, Udaipur.

3. However, it later on transpired that the appellant did not get himself released under the Orders of this Court after complying with the conditions imposed on him but he was released under the Orders of the District Magistrate who granted him parole. In view of this, the learned Sessions Judge expressed his inability to proceed against the appellant under Section 446 of the Code of Criminal Procedure.

4. In view of the aforesaid report, the question of forfeiting the personal bond as well as the surety bonds does not arise. Th