Ahsan And Another vs State Of U.P.
2018 Latest Caselaw 1633 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CRIMINAL APPEAL No. - 5664 of 2013
 
Appellant :- Ahsan And Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Chandra Bhan,Sushil Kumar Dubey
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Bachchoo Lal,J.

The bail application of the appellant no. 1 has been dismissed as not pressed as is evident from the order sheet dated 1.11.2017. The second appellant namely Smt. Sida was granted bail by a Division Bench of this Court vide order dated 18.4.2015 which was being pursued by Sri Chandra Bhan, Advocate, whose name has been shown in the cause list. Later on Sri Sushil Kumar Dubey put in appearance who sent his illness slip on 23.10.2017.

The paper book has been prepared and from the ordersheet dated 1.11.2017 there is an indication of the matter having been heard in part mentioning the name of one Sri B.K.Tripathi. There is no memo of appearance or otherwise any indication of Sri B.K.Tripathi appearing as an Advocate in the case. The endorsement of the matter having been heard in part may have been transcribed with the name of a counsel whose memo of appearance does not appear to be on record.

With the change of Roster and in view of the order of Hon'ble the Chief Justice dated 16.12.2013 the matter has now been listed before this court as per current roster.

The case has been taken up in the revised call. Neither Sri Sushil Kumar Dubey nor Sri Chandra Bhan is present on behalf of appellants. No other counsel has appeared.

In the given circumstances issue notice to the appellant no. 1 through the Jail Superintendent concerned either to instruct any counsel or this court will proceed to appoint Amicus Curiae in the matter.

So far as the appellant no. 2 is concerned she has been bailed out.

Issue  non bailable warrant to the appellant no. 2 Smt. Sida to present herself before the Chief Judicial Magistrate concerned who may record her undertaking for appearance before this court and bail her out on such conditions as may be necessary. The office may issue the warrant accordingly to be executed by the learned Chief Judicial Magistrate, Meerut and report be submitted by both the Jail Superintendent and the Chief Judicial Magistrate, Meerut respectively within three weeks.

List thereafter.

Order Date :- 20.7.2018/Gss