Court No. - 77
Case :- CRIMINAL APPEAL No. - 6335 of 2008 Appellant :- Ram Autar Shivharey And Another Respondent :- State Of U.P.
Counsel for Appellant :- Ikas Tiwari,Birendra Singh,Dwivedi S.C.,Jai Prakash Tripathi,Jitendra Singh,K.K. Dwivedi,K.Kumar Tripathi,P.K. Shahi,R.K. Singh,S.C. Dwivedi,S.N.Pandey,Sanchita Srivastava,Vijay Bahadur Shivhare Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Criminal Misc. Recall Application No. 18 of 2019.
Heard learned counsel for the appellant and learned A.G.A. for the State.
From perusal of the record, it appears that N.B.W. was issued on 25.4.2019 in the absence of learned counsel for the appellant. On previous date i.e. 9.4.2019, the date was filed on the request of learned counsel for the appellant. On 13.12.2017, the office was directed to prepare paper book and in compliance thereof, according to office note dated 2.2.2018, the paper book is ready.
From perusal of the record, it also transpires that several dates were fixed for hearing but nothing has been done on behalf of the appellant. The intention of the appellant is only to defer the appeal and not argue the appeal on merit.
There is no ground to recall the order dated 25.4.2019. The recall application is rejected.
Issue non-bailable warrant against appellant- Neeraj Gupta through CJM, Hamirpur. Report be submitted on or before 03.07.2019.
List in week commencing 08.07.2019.
Lower court record is attached with the record.
Office is directed to communicate this order by fax, e-mail and speed post within 24 hours to C.J.M., Hamirpur for compliance.
Order Date :- 29.5.2019 OP
Court No. - 77
Case :- CRIMINAL APPEAL No. - 6335 of 2008 Appellant :- Ram Autar Shivharey And Another Respondent :- State Of U.P.
Counsel for Appellant :- Ikas Tiwari,Birendra Singh,Dwivedi S.C.,Jai Prakash Tripathi,Jitendra Singh,K.K. Dwivedi,K.Kumar Tripathi,P.K. Shahi,R.K. Singh,S.C. Dwivedi,S.N.Pandey,Sanchita Srivastava,Vijay Bahadur Shivhare Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Criminal Misc. Bail Application No. 19 of 2019.
Heard learned counsel for the appellant and learned A.G.A. for the State.
Learned counsel for the appellant submitted that appellant has been falsely implicated in this case due to some ulterior motive. There is no clinching evidence against the appellant. No offence is made out against the appellant and the appellant is languishing in jail since 04.05.2019.
Learned A.G.A. opposed the prayer and submitted that lower court record is annexed with the record and paper book is also ready. He is ready to argue the appeal. There is no ground to enlarge the appellant on bail.
From perusal of the record, this Court finds that lower court record is annexed here. This Court is ready to hear the appeal on merit but learned counsel for the appellant is reluctant to argue the appeal on merit and is only interested to argue on bail application only. Court is also ready to hear the appeal on merit.
Without expressing any opinion on the merit of the appeal, this Court finds that no good ground is made out to enlarge the appellant on bail. The bail application of the appellant is rejected.
List in week commencing 8.7.2019.
Order Date :- 29.5.2019 OP