Court No. - 48
Case :- CRIMINAL APPEAL No. - 107 of 2012 Appellant :- Suman Devi & Another Respondent :- State Of U.P.
Counsel for Appellant :- Indra Mani Pandey,Brahma Kumar Tiwari,R.N.Tiwari,Ram Mohan Tiwari,Tej Prakash Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
Criminal Misc. Third Bail Application No. 107292 of 2014 List has been revised.
None appears to press this application on behalf of appellants despite repeated calls.
This third bail application has been filed seeking the release of the applicants on bail, who have been convicted and sentenced in S.T. No. 378 of 2009, under Sections 498A, 304-B I.P.C. & 3/4 D.P. Act, Police Station Shivli, District Ramabai Nagar/Kanpur Dehat. The first bail application was rejected by Hon. Mr. Amar Saran and Hon. Mr. Ashok Srivastava, JJ. on 12.4.2012 and the second bail application was rejected by Hon. Mr. Ravindra Singh and Hon. Mr. Anil Kumar Agarwal, JJ.. on 9.12.2013 on merits.
Record of the case including the earlier bail rejection orders have 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 third 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 their 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-appellants. If any another 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 :- 29.11.2018 Mini