Khaleel Darji And Others vs State of U.P.

Vedpal, J.

This is an application moved on behalf of the accusedapplicants for enlargement on bail in Crl. Appeal No. 450 of 1996 Khalil Darji and others Vs. State of U.P.

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record of the case.

In the present case both the accusedapplicants were on bail. On 12.2. 2009 the appeal was fixed for hearing. On that date neither the appellants nor their counsel appeared in the Court. Therefore non bailable warrant of arrest was issued against the appellants. In pursuance of which applicants Maikoo and Naresh alias Ram Naresh Pasi were arrested and at present they are in jail since 16.3.2009.

Learned counsel for the applicants contended that the default was not intentional. He could not appear because on that date inadvertently he could not note down that the appeal was fixed for hearing. The default does not appear intentional. The applicants appellants were on bail in the appeal. In the interest of justice , applicants Maikoo and Naresh alias Ram Naresh Pasi are entitled to be admitted to bail.

Let the applicants Maikoo and Naresh alias Ram Naresh Pasti be released on bail on furnishing by each of them a personal bond with two sureties each in the like amount to the satisfaction of the C.J.M. concerned.