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TMI Blog2013 (1) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court. The Special Court delivered the judgment in Sessions Case No. 187 of 1999 convicting 35 of the accused under Sections 120-B, 363, 365, 366-A, 368, 376(1) and 376(2)(g) IPC and by a separate and subsequent judgment, the Special Court convicted the only accused in Sessions Case No. 241 of 2001 under Sections 120-B, 365, 363, 366-A, 368, 376(2)(g), 372 and 392 IPC. 3. The respondent-accused filed separate criminal appeals before the High Court and the High Court, by the impugned common judgment took into account the evidence adduced in Sessions Case No. 241 of 2001 in which only one accused was tried, and on that basis, set aside the conviction of not only that lone accused in Sessions Case No. 241 of 2001, but also the other 35 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he evidence that was led in Sessions Case No. 187 of 1999 and has only considered the evidence adduced in Sessions Case No. 241 of 2001 and acquitted not only the sole accused in Sessions Case No. 241 of 2001, but also the 35 other accused persons who had been convicted in Sessions Case No. 187 of 1999. He brought to our notice the provisions of Sections 385(2) and 386 of the Code of Criminal Procedure, 1973 (for short CrPC ) to show that the appellate court can send for the record of the case and after perusing such record , decide the appeal in one of the ways indicated in several clauses of Section 386 CrPC. 6. The learned Senior Counsel for the respondents, on the other hand, submitted that on the evidence on record, the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s back to the High Court for fresh disposal in accordance with law. 8. We find that the High Court, while allowing the appeals of the respondents and acquitting them, has discharged the bail bonds which were executed pursuant to the orders passed by the High Court granting bail to the respondents during the pendency of the appeals. Since the bail bonds stand discharged, it will be open for the respondents to make fresh prayers for bail before the High Court and if advised, the respondents may file such bail applications before the High Court within four weeks from today. If such bail applications are filed by the respondents, the High Court will consider the same on their own merits in accordance with law. 9. We make it clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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