Allahabad High Court
Shishupal Singh And Others vs State Of U.P. on 30 July, 2018
Bench: Amreshwar Pratap Sahi, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Criminal Misc. IIIrd Bail Application No. 280951 of 2013
In
Case :- CRIMINAL APPEAL No. - 3401 of 2008
Appellant :- Shishupal Singh And Others
Respondent :- State Of U.P.
Counsel for Appellant :- G.C. Saxena,Adarsh Bhushan,Ajatshatru Pandey,G.S. Hajela,G.S.Chaturvedi,H.C.Misra,R.B. Saxena
Counsel for Respondent :- Govt.Advocate,D.N.Gupta,Onkar Singh,P.K.Gupta
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Bachchoo Lal,J.
Heard Sri Lal Chandra Mishra, learned counsel who has invited the attention of the court to the rejection of the first bail on 4th September, 2009 which was on merits. The second bail application was rejected for want of prosecution on 12th October, 2012.
A 3rd bail application on behalf of all the four appellants was moved and when it came up before the bench on 13th February, 2017 an order was passed that there was no case of parity and since the paper book is now ready, the case can be heard finally. The 3rd bail application remained pending in the hope that the appeal shall be heard finally. This is how the present third bail application has come up before us.
We have come across a 4th bail application no. 146617 of 2016 having been filed stating therein that since the 3rd bail application has been rejected, therefore, the 4th bail application on behalf of one of the appellants Shishupal be entertained. The said application was rejected by a division bench on 23rd May, 2016. It appears that the abovenoted 4th bail application was filed without there being any rejection of the present 3rd bail application.
There was another parole application filed on behalf of Shishupal which has also been rejected.
In this background learned counsel submits that since the matter has been pending since long, therefore, the bail application on behalf of the other three applicants for release be considered as the appellants in the connected appeal have been granted bail.
We have gone through the rejection order dated 4th September, 2009 and we find that the same has been rejected after discussing the merits and the role assigned to the respective accused and we do not find any new ground available at this stage for consideration of this 3rd bail application which is accordingly rejected. The ground of parity is not available as the present appellants are stated to have been armed with fire arms whereas those of the connected appeal were armed with sticks.
At this stage Sri G.S. Chaturvedi, learned Senior Counsel appearing on behalf of the appellants submits that he may be permitted to proceed with the appeal on merits. He may do so.
Order Date :- 30.7.2018
Masarrat
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Case :- CRIMINAL APPEAL No. - 3401 of 2008
Appellant :- Shishupal Singh And Others
Respondent :- State Of U.P.
Counsel for Appellant :- G.C. Saxena,Adarsh Bhushan,Ajatshatru Pandey,G.S. Hajela,G.S.Chaturvedi,H.C.Misra,R.B. Saxena
Counsel for Respondent :- Govt.Advocate,D.N.Gupta,Onkar Singh,P.K.Gupta
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Bachchoo Lal,J.
Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Ajatshatru and Sri Lal Chandra Mishra, learned counsel for the appellants.
Put up day after tomorrow i.e. 1.8.2018 for further arguments.
Order Date :- 30.7.2018
Masarrat
