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Tahir & Others v/s State of U.P.

    Cr. Misc. Third Bail Application No. 332216 of 2016 & Criminal Appeal No. 4277 of 2011

    Decided On, 17 July 2018

    At, High Court of Judicature at Allahabad


    For the Appellants: Ajatshatru Pandey, Afzal Durrani, Apul Mishra, Firoz Haider, Mirza Ali Zulfikar, Raj Kamal, Sangam Lal Kesharwani, Advocates. For the Respondent: R.L. Verma, Govt Advocate.

Judgment Text

Amreshwar Pratap Sahi, Bachchoo Lal, JJ.

Case has been taken up in revised call.

This third bail application was filed in October, 2016 through Sri Firoz Haider and Mirza Ali Julfeqar, Advocates.

The third bail application has been filed on behalf of only the three appellants Tahir, Shahid and Jahir.

Sri Sangam Lal Kesarwani for the appellant Tahir states that instructions have been withdrawn from him and therefore he has no instructions in the matter.

No one is present for any of these three appellants. The third bail application is therefore, dismissed for want of prosecution.

From the report of the Chief Judicial Magistrate dated 5.1.2018, it is confirmed that the appellant no. 2 Washid son of Mati Ullah died on 21.7.2015. In view of this, the appeal was abated on 4.5.2018 and the matter was directed to be listed for final hearing.

No counsel has appeared on behalf of the other three appellants when the case has been taken up in revised call.

Sri Sangam Lal Kesarwani who use to appear on behalf of the appellant no. 1 Tahir states that instructions have been withdrawn from him.

Sri C.V.Verma and the learned A.G.A. are present for the complainant and State respectively.

In view of this, let notices be issued to all the three surviving appellants namely, appellant no. 1 Tahir, the appellant no. 3, Shahid and the appellant no. 4 Jahir for either issuing instructions to any counsel by next date fixed or this Court will proceed to appoint an Amucus Curiea for the hearing of this appeal. Notices be served through Jail Superintendent Shahjahanpur which shall be dispatched immediately.

List after two weeks with the report of Jail Superintendent Shahjahanpur.

It is informed by the learned A.G.A that he has received a copy of a third bail application stated to have been moved on behalf of appellant no. 2 Washid.

We have already noted above that the appellant no. 2 Washid has already died and his appeal filed by him stands abated. Consequently, any b

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ail application which may be on record shall stand consigned as infructuous. The office may trace out the said application dated 27.5.2015 and place it on record if filed and endorse our orders passed today.

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