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The defence evidence was also recorded. Thereafter, final arguments were heard and case was fixed for orders/clarification on 28.07.2014.

3. Vide order dated 13.02.2014, trial Court directed the accused persons including the petitioner to furnish bail bond under Section 437A Cr.P.C. Vide order dated 16.08.2014, trial Court observed that additional statement of the petitioner along with other co-accused persons under Section 313 Cr.P.C. is required as some of the documents were inadvertently left out for examination of the accused persons under Section 313 Cr.P.C. The case was adjourned for recording additional statement under Section 313 Cr.P.C.

6. Learned counsel for the petitioner also submits that there was no occasion for directing the petitioner to furnish the bail bond under Section 437A Cr.P.C.

7. At this juncture, it is necessary to reproduce the provisions of Section 313 Cr.P.C.

"313. Power to examine the accused. - (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-

12. Now coming to the other submission of counsel for the petitioner that the trial Court has directed to furnish the bail under Section 437A Cr.P.C. In this regard, it may be mentioned that Section 437A requires that before conclusion of the trial or 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. If the accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply. Section 437A Cr.P.C. nowhere speaks of releasing the accused on bail. The object of Section 437A Cr.P.C. is to secure the attendance of an accused in cases where appeal are likely to be filed against the verdict of acquittal.

13. That being so, there was no occasion for directing the accused to furnish the bail bond under Section 437A Cr.P.C.

14. In the light of aforesaid discussion, order dated 13.02.2014 is set aside whereby it directs the accused persons to furnish bail bond under Section 437A Cr.P.C. The trial court record be sent back forthwith.

15. In above terms, the petition stands disposed of.

(VED PRAKASH VAISH) JUDGE SEPTEMBER 19, 2014 gm