Ram Das Gupta vs The State Of U.P Thru Secy., Home., ...
2011 Latest Caselaw 4663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- U/S 482/378/407 No. - 4099 of 2011
 

 
Petitioner :- Ram Das Gupta
 
Respondent :- The State Of U.P Thru Secy., Home., Civil Sectt., And Ors.
 
Petitioner Counsel :- Ram Das Gupta (In-Person)
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Satyendra Singh Chauhan,J.

Heard petitioner in person and the learned AGA.

The petitioner appears in person and is a practicing Advocate  at Hardoi Judgeship.  

The submission of the petitioner is that he has never been absent for the last 15 years during the pendency of the trial but on one occasion on which the election of Bar was  to take place and the Advocates  have decided to abstain from the judicial work i.e.on 19th and 20th August 2011 he was absent.  He  states that he did not appear on the above date under the impression that  general dates were to be given in the cases and no proceedings are to be undertaken  in view of the election of the Bar Association.  He further submits that without taking the aforesaid fact into consideration the bail bonds  of the petitioner have been cancelled and amount forfeited. No notice was given to the petitioner before  forfeiture of the amount of the bonds  and it is also submitted that the petitioner had no intention to prolong the proceedings of the case but on account of  prevailing practice he did not appear. He also states that on the above date  he was not feeling well and he was under the impression that the case would not be taken up on the above date. It is also stated  that an application was moved through colleague but the same was misplaced and could not be brought to the notice of the court.

In the aforesaid circumstances, the petition is allowed and the order dated 20.8.2011 is hereby set aside and the petitioner is directed to appear before the court concerned  on the date fixed in the case.

Order Date :- 15.9.2011

BLY