(1.) RULE. By consent forthwith.
(2.) BY this application the applicant challenges the order dated 13.1.2011 passed by the learned Judicial Magistrate First Class, Sanguem by which the learned Judicial Magistrate First Class, Sanguem has dismissed his application for cancellation of non-bailable warrant issued by the learned Judicial Magistrate First Class, Sanguem pursuant to the order passed by this Court under Section 390 of Cr. P. C. This Court by order dated 14.12.2010 passed in Criminal Application No. 214/2010 granted leave to appeal against the judgment and order of acquittal dated 11.5.2010 passed by the learned Judicial Magistrate First Class, Sanguem in Criminal Case No. 3/S/2009 acquitting the applicant for the offences punishable under Sections 279 and 338 of I.P.C. This Court also ordered action under Section 390 Cr. P. C.
(3.) IN view of the above, the order dated 13.1.2011 passed by the learned Judicial Magistrate First Class, Sanguem is set aside and the applicant is ordered to be released on bail on the following terms and conditions:-