Court No. - 48
Case :- CRIMINAL APPEAL No. - 2098 of 2013 Appellant :- Anees Respondent :- State Of U.P.
Counsel for Appellant :- Ajatshatru Pandey Counsel for Respondent :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
Criminal Misc. Bail Application No. 139838 of 2013 List has been revised.
None appears to press this application on behalf of appellant despite repeated calls.
This application has been filed seeking the release of the appellant on bail, who has been convicted and sentence in Sessions Trial No. 232 of 2008 (State Vs. Anees), arising out of Case Crime No. 98 of 1999, under Section 302 I.P.C., Police Station- G.R.P. Hathras City, District- Hathras.
Record of the case including the impugned judgement and order has been perused. Learned A.G.A., who is present, has also been heard.
A prima-facie perusal of the record does not reveal any such glaring material favouring the accused on the basis of which it may be said at this stage that the accused-appellant is entitled for bail. Prayer for bail therefore stands rejected.
However, it may be observed that as this order of bail rejection is being passed in the absence of counsel, who has chosen not to appear before the Court even in the revised call, therefore, the accused or his counsel will have the liberty to move another bail application and place before the Court such submissions and bring out such material which he thinks may make out a case for bail in favour of accused-appellant. If any such second bail application is moved, the same shall be adjudicated upon afresh on the basis of merits of the submissions made before the Court without any prejudice and it shall be well kept in perspective that this bail application has been dismissed without hearing the counsel for the reason of his non appearance.
Order Date :- 27.11.2018 Mini