State Of U.P. vs Ram Babu And Others
2016 Latest Caselaw 2158 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- GOVERNMENT APPEAL No. - 2266 of 2009
 

 
Appellant :- State Of U.P.
 
Respondent :- Ram Babu And Others
 
Counsel for Appellant :- G.A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Kaushal Jayendra Thaker,J.

In pursuance of the order dated 28.3.2016, accused-respondent no. 1 to 5, 8 & 9  namely Ram Babu, Vimal Kumar, Anil Kumar, Ramsanehi, Jai Prakash, Bhairo Prasad and Ram Pratap Pandey are present  before this Court.

Chief Judicial Magistrate, Shahjahpur has submitted the report dated 27.4.2016 indicating that the accused respondent nos. 1 to 8 after appearing before the court below have been released on bail after furnishing bail bonds and with regard to respondent no.9, it has been stated that he is not traceable despite all the best efforts made by the Police. 

The learned counsel for the appellant today filed an affidavit stating that the accused no. 6 Shyam Sunder  has already died. In case if the version made in paragraph 3 of the counsel's affidavit is accepted, then it appears that the Chief Judicial Magistrate has furnished an incorrect report indicating that Shyam Sunder is not traceable. 

With regard to respondent no. 7, it has been stated in the paragraph 4 that Banwari S/o of Shri Raja Ram who is aged about 90 years and physically incapable of  movement with his general condition and also furnished the medical certificate indicating that he is weak and his general condition is poor and he is unable to do his routine work and totally dependent on his attendant.

In view of above, the personal presence of accused respondent no.7 Banwari Lal  is hereby exempted.

Accused no. 1 to 5, 8 & 9  are present before this Court through their counsel Shri Rahul Mishra and Shri Raghuvansh Mishra and the accused who  were present before the Court has been identified by them.

Chief Judicial Magistrate, Shahjahpur is directed to explain as to how he has submitted his report indicating that respondent no.9 is not traceable even though he has already been granted bail on 25.4.2016 after appearing before the court below, the photo stat copy of the sureties bond furnished has also been placed before this Court. 

The order passed today in the Court may be communicated to Chief Judicial Magistrate, Shahjahpur through fax as well as by courier service. 

Future appearance of the aforesaid accused respondent is hereby exempted unless and otherwise directed by this Court.

Chief Judicial Magistrate to verify the death of respondent no. 6 in accordance with the relevant circulars issued by the High Court in this regard and submits its report.

List the matter on 5th of July 2016.

Order Date :- 3.5.2016

IB