Court No. - 48
Case :- CRIMINAL APPEAL No. - 2002 of 2013
Appellant :- Sadhu @ Satish
Respondent :- State Of U.P.
Counsel for Appellant :- Satya Prakash Pandey,Ved Prakash Pandey
Counsel for Respondent :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
Criminal Misc. Second Bail Application No. 49551 of 2017 List has been revised.
None appears to press this application on behalf of appellant despite repeated calls.
This second bail application has been filed seeking the release of the applicant on bail, who has been convicted and sentenced in Session Trial No. 819 of 1999, arising out of Case Crime No. 58 of 1994, under Section 302 read with Section 34 I.P.C., Police Station Mirzapur, District Shahjahanpur. The first bail application was rejected by Hon. Mr. Justice Ravindra Singh, and Hon. Mr. Justice A.K. Agarwal, JJ. on 10.1.2014 on merits.
Record of the case including the earlier bail rejection order has been perused. Learned A.G.A., who is present, has also been heard.
Perusal of the record does not make out any such new good ground on the basis of which this bail application may be allowed. The second 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 next bail application is moved, the same shall be adjudicated upon on the basis of merits of the submissions made before the Court without any prejudice and it shall be well kept in perspective that the present bail application has been dismissed without hearing the counsel for the reason of his non appearance.
Order Date :- 27.11.2018 Mini