In all above criminal appeals, accused-appellants filed applications u/S 482 of Cr.P.C. for recalling the order dated 29.04.2016 passed by this Court relating to furnish personal bond and sureties u/S 437A of Cr.P.C.. As the averments made in the applications and prayer made therein are almost same, all the four applications were heard together and are being decided by this common order. Order be kept on the file of Cr.A.No. 258/1992 and copies of the order be placed on the files of Cr.A.No. 200/1993, 516/1993 and 604/1996.

The order passed by this Court on 29.04.2016 in S.B. Criminal Appeal No. 258/1992 Kailash Vs. State of Rajasthan is as under:

“Counsel for the appellant seeked adjournment to argue the case. The case is adjourned and may be listed on 13.05.2016 as prayed for.

The appellant is directed to furnish personal bond of Rs 50,000/- (Fifty Thousand) and two sureties of Rs. 25,000/- (Twenty Five Thousand) each u/S 437A of Cr.P.C. to the satisfaction of Dy. Registrar (Judl.), within two weeks.”

Almost the same order was passed by the Court on dated 29.04.2016 in rest of the three appeals also.

Counsels for the accused-appellants submitted that the sentence of the appellants has already been suspended and they have already submitted their bail bonds long back which are already on record, thus second bail bonds and sureties u/S 437A of Cr.P.C. cannot be taken. Learned counsels also submitted that the provisions of newly inserted Section 437A of Cr.P.C. can only be applicable when any judgment has been passed by the Court and not before the same. The learned counsels also submitted that the appeals have not been decided and no judgment of acquittal has been passed, there is no question of appearance before higher court, the provision of Section 437A of Cr.P.C. is not applicable, specially when adjournment has been sought. Learned counsels further submitted that the Section 437A of Cr.P.C. indicates that only in case of acquittal there may be chance for State for filing appeal before the higher Court i.e. Supreme Court, only then this provision is applicable. Learned counsels also submitted that the coordinate benches in all judgments while disposing off appeals and giving the judgment of acquittal, taken into consideration the provision of the Section 437A of Cr.P.C. Learned counsels also submitted that on dated 29.04.2016, the counsels for accused-appellants seeked adjournment to argue the appeals and were not heard on applicability of provisions of Section 437A of the code thus, in view of the judgment of the Hon'ble Court, reported in AIR 1987 Rajasthan 83 Habu Vs. State of Rajasthan, this court is empowered to recall the earlier order in exercise of powers vested u/S 482 of Cr.P.C. and prayed to accept the applications and recall the orders dated 29.04.2016 related to furnish personal bond and sureties u/S 437A of Cr.P.C.. Learned counsels placed reliance on:

1. 2011 (1) RCC 138 Ganesh and Ors. Vs. State of Rajasthan

2. D.B. Criminal Appeal No. 632/2013 Rajesh Vs. State of Rajasthan decided on 26.04.2016.

Section 437A of Cr.P.C. reads as under:

437A-Bail to require accused to appear before next appellate Court-

(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure u/S 446 shall apply.

The above provision mandates that before the conclusion of the trial and before the disposal of the appeal, the trial Court or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties to appear before the higher Court as and when such Court issues notice in