Allahabad High Court High Court

Sunder Yadav & Ors. vs State Of U.P. on 23 July, 2010

Allahabad High Court
Sunder Yadav & Ors. vs State Of U.P. on 23 July, 2010
Court No. - 10

Case :- CRIMINAL APPEAL No. - 936 of 2010

Petitioner :- Sunder Yadav & Ors.
Respondent :- State Of U.P.
Petitioner Counsel :- G.K. Dwivedi,A.K. Mishra
Respondent Counsel :- Govt. Advocate,Pawan Kumar Mishra

Hon'ble Yogendra Kumar Sangal,J.

Appellants No. 4 and 5 have already been released on bail who are
represented by Sri A.K.Mishra. Application to release on bail on behalf of the
appellants Yadunath, Raghunath, Birjey and Pramod moved on 8.7.2010.

Learned counsel for applicants has drawn the attention of the court that all
these accused have surrendered before the trial court and they have been taken
in custody. Sentence was awarded to them on 17.3.2010.One month time was
allowed to them and they were released on interim bail. They did not appear
before the trial court after expiry of one month, 15 days more time was
allowed. Again they did not comply the order of the court and now they have
surrendered on 1.7.2010i.e after about four months of the date when they were
convicted by the court.

Learned counsel for complainant is present and states that still two accused
appellant Sunder Yadav and Lakhan did not appear before the trial court and
they have not submitted themselves for the compliance of the trial court’s
order . This also shows that present applicants as well as rest two accused
have misused the liberty of interim bail granted to them.

List in the next month for disposal of the bail application.

Trial court will take all coercive steps to procure the attendance of the
accused who are still absconding.

Order Date :- 23.7.2010
R.P/