Allahabad High Court
State Of U.P. vs Rajjan on 9 April, 2018
Equivalent citations: AIRONLINE 2018 ALL 186
Bench: Devendra Kumar Upadhyaya, Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL APPEAL No. - 339 of 2018 Appellant :- State Of U.P. Respondent :- Rajjan Counsel for Appellant :- G.A. Counsel for Respondent :- Anurag Singh Chauhan,Ms. Shamim Jahan Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Rajnish Kumar,J.
Seen the report dated 02.04.2018 submitted by the learned Chief Judicial Magistrate, Unnao who has reported that both the respondents, Rajjan and Babban, S/o Pyare Lal, have died.
In the appeal there are two respondents as accused, namely Rajjan, son of Pyare Lal and Pyare Lal, son of Ram Aasrey.
The Court while issuing the bailable warrants against the accused-respondents vide its order dated 09.02.2018 appears to have inadvertently mentioned the names of the accused as Babban and Rajjan, sons of Pyare Lal, though the respondents in this appeal are Rajjan, son of Pyare Lal and Pyare Lal, son of Ram Aasrey.
As per the report dated 02.04.2018 of the learned Chief Judicial Magistrate, Unnao respondent Rajjan has died. However, no report in respect of Pyare Lal has been sent for the reason the bailable warrant was not ordered to be issued against Pyare Lal.
Accordingly, this appeal abates as against respondent no. 1-Rajjan, son of Pyare Lal.
So far as respondent no. 2-Pyare Lal is concerned, let bailable warrants be issued.
The Chief Judicial Magistrate, Unnao is directed that in case respondent no. 2-Pyare Lal, son of Ram Aasrey, resident of Rampur Khaari, P.S. Aauras, district Unnao surrenders before his Court, he shall be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned. The learned Chief Judicial Magistrate shall also take undertaking that the respondent no.2-Pyare Lal shall remain present before this Court on the next date of listing.
The Chief Judicial Magistrate, Unnao shall transmit the photo copies of the personal bond and sureties, if furnished by the respondent no.2-Pyare Lal, to this Court by the next date of listing along with his report.
List this case on 09.05.2018.
Order Date :- 9.4.2018 psd