Court No. - 43
Case :- CRIMINAL APPEAL No. - 3343 of 2002 Appellant :- Naher Hasan Respondent :- State Of U.P.
Counsel for Appellant :- Preet Pal Singh Rathore Counsel for Respondent :- Govt. Advocate
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Sri Preet Pal Singh Rathore, learned counsel for the appellants states that he has no instructions as to the living status of the appellant.
Issue bailable warrant of Rs.10,000/- against the appellant, to be served through the Chief Judicial Magistrate concerned. If he is arrested or surrender before the court concerned, he shall be enlarged on bail, on furnishing two sureties and a personal bond of the like amount, on the undertaking that he shall appear before this Court through his counsel. He need not appear in person.
The C.J.M concerned shall ensure that at the time of accepting bail bonds, an authenticated copy of the current address / I.D proof of the appellant is taken on record.
However, in the event of death of the appellant, the learned CJM shall submit a report in the light of Circular Letters No.15/2005, VIII-119 April 19, 2005, and 04/admin g-ii dated Allahabad 18.1.2017 of this Court, which provides that in the event of death of the appellant, same is to be authenticated by the statement of the informant or his legal heirs, if any, whose name and address may be ascertained from the L.C.R, before the court below, which too shall be despatched to this Court only in the event the appellant is alive, failing which the Court may be constrained to pass a coercive order against the official in default.
Office to ensure communication of this order forthwith through registered post as well as other speedier option to the Judgeship concerned for immediate compliance of the order.
List in the week commencing 28.1.2019 before the appropriate Bench.
Order Date :- 30.11.2018 Chandra