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Supreme Court - Daily Orders

Bhuneshwar Prasad @ Muneshwar Prasad vs The State Of Bihar on 10 October, 2018

Bench: A.M. Khanwilkar, L. Nageswara Rao

                                              IN THE SUPREME COURT OF INDIA
                                            CRIMINAL APPELLATE JURISDICTION

                                             CRIMINAL APPEAL NO.769 OF 2009


                         BHUNESHWAR PRASAD @ MUNESHWAR PRASAD & ORS. APPELLANT(S)

                                                           VERSUS
                         THE STATE OF BIHAR                                         RESPONDENT(S)




                                                         O R D E R

Mr. Nagendra Rai, learned Senior Counsel for the appellants, states that appellant nos.1 and 2 have since expired.

Accordingly, the appeal against the aforesaid appellants abates.

Mr. Rai, learned Senior Counsel for the appellants further submits that the other appellants are advised to withdraw this appeal with liberty to pursue remedy for premature release.

At the request of these appellants, the instant appeal is disposed of as withdrawn with the liberty as prayed.

We make it clear that we are not expressing any opinion either way on the merits of the proposed remedy. The same will have to be considered on its own merits in accordance with law.

....................J [A.M. KHANWILKAR] Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2018.10.11 ....................J 11:32:35 IST Reason:

[L. NAGESWARA RAO] NEW DELHI;
OCTOBER 10, 2018.
ITEM NO.103                   COURT NO.12                    SECTION II-A

                S U P R E M E C O U R T O F           I N D I A
                        RECORD OF PROCEEDINGS

Criminal Appeal     No(s).769/2009

BHUNESHWAR PRASAD @ MUNESHWAR PRASAD & ORS.                 Appellant(s)

                                     VERSUS

THE STATE OF BIHAR                                          Respondent(s)

(With IA No.2944/2018-I/A FOR BAIL ) Date : 10-10-2018 The matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE L. NAGESWARA RAO For Appellant(s) Mr. Nagendra Rai, Sr. Adv.
Mr. Santosh Mishra, AOR Mr. Alok Kumar, AOR For Respondent(s) Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv. For Mr. M. Shoeb Alam, AOR UPON hearing the counsel the Court made the following O R D E R The instant appeal against appellant nos. 1 and 2, abates and is disposed of as withdrawn qua other respondents in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (H.S. PARASHER) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the file)