Allahabad High Court
State Of U.P. vs Kallu Yadav And 3 Ors on 27 January, 2010
Bench: Uma Nath Singh, Ashok Srivastava
Court No. - 2 Case :- CRIMINAL APPEAL No. - 1258 of 2007 Petitioner :- State Of U.P. Respondent :- Kallu Yadav And 3 Ors Petitioner Counsel :- Suryakant Misra Respondent Counsel :- Jai Pal Singh Hon'ble Uma Nath Singh,J.
Hon'ble Ashok Srivastava,J.
We have perused the report submitted by Superintendent District Jail, Barabanki through learned government advocate. It appears from the report that the accused-respondent was not in jail on the date of issuance of bailable warrant i.e. 21.5.2007. In fact, he was a free citizen till 1.7.2008 when he was arrested in some other case under section 396 IPC. Thus successfully for over one year he evaded to furnish his bail bonds in the case of bailable warrant issued by this Court. There is also a report of the C.J.M. that he has alienated his landed property and thus there is a difficulty that if he is released on bail, he may not be available in case he is convicted in the state appeal. Hence we are of the view that we should hear the appeal finally at an early date. Thus, learned government advocate is directed to file typed copy of the appeal and paper books and also serve in advance the copy of paper book on the learned counsel for respondent within a month. Photocopy of the Lower Court's record available in the Registry be issued to learned government counsel within a week. The period of one month towards the preparation of paper books shall be counted from the date of issuance of the above mentioned photocopy.
List this matter within a week from the date the paper books are prepared. Order Date :- 27.1.2010 IA