The conditions of anticipatory bail cannot be violated unless and until the accused has been arrested and executed the requisite bail-bonds.

1. - This order will deal with the three miscellaneous applications listed above.

2. Modern Syntex (India) Ltd.Jaipur (hereinafter called the company) lodged an F.I.R. with the Alwar police on May 10, 1981, complaining that Swaranjit Jain, Rajbhushan Jain, Manak Chand lain and Dharamveer Jain who are carrying on their business at Ludhiana as partners in the name and styles of Manak Trading Company, Swaran Woolen Mills and Ladla Knitwear and who were agents of the company at Ludhiana committed the offences of Criminal breach of trust, cheating, forgery, using as genuine forged documents and criminal conspiracy in respect of goods of the Company of the value of Rs.55 lakh. The Alwar police registered a case under sections 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code.

3. Apprehending their arrest by the Alwar police in the aforementioned case, the accused applied for and obtained from the court (Agarwal J.) orders under section 438 Cr.P.C. on June 15, 1981, to the affect that in the event of their arrests, they may be released on bail on each of them executing a personal bond in the amount of Rs. 1,00,000/- (one lakh) with one surety in the like amount to the satisfaction of the S.H.O./Arresting Officer of Police Station, Sadar, Alwar. One of the conditions of the bonds, as prescribed by the Court, is that the accused shall make themselves available for interrogation by a police officer as and when required.

4. On July 10,1981, the Company made an application to this court for cancellation of the anticipatory bail granted to the accused on the allegations, inter alia, that they had failed to present themselves before the investigating officer for interrogation, that they had broken the seals and locks placed by the police on the house, shops and godowns of M/S R.K. Oswal Ludhiana and illegally removed from there goods worth ten Lakh, that they had instigated the Yarn Trade Union Ludhiana to obstruct the investigating police officials from checking the bank go downs at Ludhiana, and that they are causing impediments to and thus making difficult the recovery of stolen property.

5. Subsequently on August 3,1981, the Public Prosecutor also filed two applications almost identical in contents, for cancellation of the anticipatory bail, one in respect of accused Swaranjit and the other in respect of accused Raj Bhushan, Manak Chand and Dharamveer. It is alleged in these applications that the investigating officer visited Ludhiana on May 19,1981, seized some of the stolen goods lying in the godowns, shops and houses at Ludhiana, prepared their inventories and put the seized goods under his own lock and key in the presence of respectable persons. It is further alleged that on his visit to Ludhiana on and from June 20,1981, the investigating officer discovered that the locks had been broken and seized goods removed from the sealed places mentioned above. The investigating officer got a case registered with the Ludhiana police regarding the alleged breaking open of the locks and the theft of the seized goods from the premises sealed by him earlier. The public prosecutor further alleged that the accused had made themselves scarce with the result that he was unable to arrest them till August 3, 1981. He mentioned in this context that inspite of a registered notice sent to the accused requiring them to present themselves before him at Alwar on July 6 and 9, 1981, they did not comply and instead sent telegrams expressing their inability to appear on the appointed date.

6. Notice of all the three applications was issued to the accused-respondents. They entered appearance through their counsel and filed written replies to these applications. They denied that they had made themselves scarce. They pleaded that they had appeared before the investigating officer at Ludhiana taking their lawyer, Shri S.K. Sehgal Advocate, with them on June 24 and again on June 25,1981 and had requested the said officer to accept bail-bonds in complia