By the Court.—Heard Shri Vimlendu Tripathi, learned A.G.A. and also record which points of argument submitted by the learned A.G.A.

2. Application was given by Syed Arman, Barrack No. 10, District Jail, Moradabad dated 31.8.2010 to the Registrar of the Supreme Court, New Delhi which mentioned that Section 437A Cr.P.C. made available in the Courts of Uttar Pradesh. This letter was forwarded by the Ministry of Law & Justice, Government of India, New Delhi to the Allahabad High Court, Allahabad.

3. The letter mentioned that new provision of Section 437A Cr.P.C. has been introduced which requires that six months’ trial to the prisoners, the Courts released all the accused who are facing trial on bail. In order to facilitate, the accused persons for doing pairvi in their cases so that he could avoid the harassment by the lawyers.

4. It has further mentioned that the Court at Kanpur started interpretation for other case is not followed and that Supreme Court issued directions for releasing all such prisoners.

5. Prima facie, we feel that there is no substance in the interpretation of Section 437A Cr.P.C. by the convicting is to release all the prisoners whose trial is being concluded within six months prior to the disposal of the trial or appeal in order to facilitate pairvi by the prisoners. Section 437A Cr.P.C. is being quoted below :

“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 thee 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 under Section 446 shall apply.”

It only requires that before the conclusion of the trial or the appeal, the Appellate Court is to get the accused to execute the 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 Courts. This bail bond is being for six months. If the accused fails to appear, the bond shall stand forfeited and the procedure under Section 446 can be applied.

6. The purpose of this Section can be called out from a perusal of the 154 Report of Law Commission, 1996 which mentioned that in many cases of appeals against acquittal have been filed in the higher Courts and have been acquitted and filed to the higher Courts. It becomes very difficult to secure the presence of the said accused persons. Even, again non-bailable warrant issued to serve notice as well as non-bailable warrant for a long time. Such warrants are returned, the police have trace out whereabouts the accused-respondents, as a result, such appeals are pending without being disposed of, since service cannot be effected for the present executed ... could not be saved inspite of issuance of non-bailable warrant.

7. This Report further recommended Form 45 Schedule A of the Court amended suitably, hence by the said report under Section 437A was recommended for binding the accused to appear. Conclusion of the trial Court or disposal of the accused are before the higher Courts. The Commission suggested that the said bond be faced in period of 12 months for the judgment. The Section 437A Cr.P.C. is, therefore, not introduced to allow the accused to be released on trial to the judgment and sent securing the presence of the accused after in the even executed of the trial Court would become and it would be totally projective suggestion to the problem which has to be called by the Law Commission.

8. The judgment of the Division Bench of Lucknow Bench of the High Court, Lucknow has passed an order dated 24.8.2011 in Criminal Appeal No. 74 of 200