Allahabad High Court
Subhash And Another vs State Of U.P. on 7 August, 2014
Bench: Arun Tandon, Akhtar Husain Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CRIMINAL APPEAL No. - 1741 of 1990
Appellant :- Subhash And Another
Respondent :- State Of U.P.
Counsel for Appellant :- V.P.Pathak,B.N.Pathak,D.S.P. Singh
Counsel for Respondent :- D.G.A.,H.K. Sharma,K.K. Sharma,M.K.Sharma
Hon'ble Arun Tandon,J.
Hon'ble Akhtar Husain Khan,J.
From the report of Chief Judicial Magistrate, Varanasi dated 7.8.2014 it is clear that Subhash appellant no.1 has since been arrested and the concerned police officer has been directed to produce him before the court today.
Appearance on behalf of appellant no.1 Subhash has been put by Shri B.N. Pathkak. So far as appellant no.2 Bharat is concerned, the report records that despite attempts appellant no.2 Bharat could not be arrested and he is absconding.
Shri B.N. Pathak has made an application for bail on behalf of appellant no.1 Subhash and an application for recall of the order dated 21.7.2014 on behalf of appellant no.2 Bharat. The court has been assured that the matter shall be argued on the next date and no further adjournment shall be prayed for.
Appellant no.1 Subhash has been produced before this Court by Head Constables B.L. Yadav and three others.
In view of what has been recorded above, we provide that appellant no.1 Subhash may be released on bail on same terms and conditions on which he was granted bail under the order ated 10.9.1990. His future presence is exempted unless directed otherwise.
So far as appellant no.2 Bharat is concerned, he may surrender before Chief Judicial Magistrate, Varanasi so that he is produced before this Court on 22.8.2014 when the matter is listed next. It is made clear that if appellant no.2 Bharat does not surrender within one week from today, the Senior Superintendent of Police, Varanasi shall ensure his arrest and production before this Court on the next date.
The matter shall be listed peremptorily on 22.8.2014.
Copy of this order may be forwarded to the Chief Judicial Magistrate, Varanasi for necessary compliance by tomorrow and a copy be issued to the learned A.G.A. for information to Senior Superintendent of Police, Varanasi for necessary action.
Order Date :- 7.8.2014
RU
Case :- CRIMINAL APPEAL No. - 1741 of 1990
Appellant :- Subhash And Another
Respondent :- State Of U.P.
Counsel for Appellant :- V.P.Pathak,B.N.Pathak,D.S.P. Singh
Counsel for Respondent :- D.G.A.,H.K. Sharma,K.K. Sharma,M.K.Sharma
Hon'ble Arun Tandon,J.
Hon'ble Akhtar Husain Khan,J.
For order see our order of date passed on the order sheet.
Order Date :- 7.8.2014
RU
