Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.
This application for recall of the cancellation of the order dated 7.3.2014 for issuing non-bailable-warrant against the appellant/applicant Anil Tewari @ Anil Kumar for his and his counsel absence, despite of earlier undertaking to the effect that learned counsel for the appellant had ensured that the court he will not seek any adjournment on the next date. But on the date 7.3.2014, non presence of the counsel for the appellant, non-bailable- warrant has been issued against the appellant. There is not any default of the applicant/appellant. The appellant undertakes to argue the instant criminal appeal whenever the same is fixed for hearing. The applicant suffers irreparable loss in case, he is sent to jail in pursuance of warrant issue by this court.
Learned A.G.A. has opposed the prayer for recall of non- bailable- warrant by submitting that this is a very old appeal and belong to the year 2002 and it cannot be proceeded due to non cooperation of the applicant/appellant/ his counsel.
Keeping view of the rival submissions made by the learned counsel for the parties and material available on record, I am of the view that purpose of this recall application will be served, if suitable conditional order may be passed on the application.
The order dated 7.3.2014 is hereby recalled subject to the following conditions that the applicant shall file undertaking on affidavit to the effect that on the next date of listing, their counsel will appear, argue the appeal and will not seek any adjournment.
The applicant will also file a Bank Draft amounting to Rs. 25,000/- as security for fulfillment of their above undertaking within ten days from today.
Subject to the fulfillment of above conditions, non-bailable-warrant issued against the applicant/appellant shall remain in abeyance till further orders.
Order Date :- 11.6.2014 Monika