IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 610 of 2010
Shambhu Rai ... ... Appellant/Petitioner
Versus
State of Jharkhand ... ... Respondent/Opp. Party
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
HON'BLE MR. JUSTICE R.R.PRASAD
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For the Appellants: M/s Nutan Sharma
For the Respondent: M/s A.K. Prasad, A.P.P.
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06/28.03.2011
The order dated 28.9.2010 indicates that when the matter came up
for consideration for bail before the Division Bench comprising Hon’ble
Mr. Justice Amareshwar Sahay (since retired) and Hon’ble Mrs. Justice
Jaya Roy (who is still available in the Bench) the prayer for bail was not
pressed by the learned counsel for the appellant and was accordingly
rejected.
Now, the prayer for bail has been repeated vide Interlocutory
Application No. 398 of 2011.
When a prayer for bail has been rejected even as not pressed by
an Hon’ble Judge or a Bench of which both or any one of the Hon’ble
Judges are still available to hear the matter, normally the matter must be
assigned to a Bench comprising of all or any of the Hon’ble Judges by
whom the prayer for bail was rejected as not pressed, only in order to
avoid Bench hunting tactics.
Under the circumstances, let the papers of this case be placed
before Hon’ble the Chief Justice for consideration whether this matter
should be heard by a Division Bench of which Hon’ble Mrs. Justice Jaya
Roy is a member, or not.
(Sushil Harkauli, J.)
(R.R. Prasad, J.)
s.m.