- (1.) Heard Sri Subodh Pandey, learned counsel for the appellants, Sri Punit Kumar Shukla, learned counsel for the complainant and the learned A.G.A. for the State.
(2.) This bail application has been filed on behalf of appellant Nos. 3 and 4 MunnaLal and Smt. Narain wife of Ram Prasad. On 22.7.2015 this Court passed the following order; "The list has been revised. None appears on behalf of the appellants no.3 and 4 namely, Munnalal and Smt. Narain to press this appeal. The appeal on behalf of the appellants no.1 and 2 namely, Ram Prasad and Shiv Narain has already abated. This is a very old appeal and, therefore, brooks no further delay. Accordingly, the bail granted to the appellants no.3 and 4 namely, Munnalal and Smt. Narain by this Court on 22.5.1985 is cancelled. Issue non-bailable warrant against the accused appellants no.3 and 4 namely, Munnalal and Smt. Narain. The Chief Judicial Magistrate, Moradabad is directed to take the appellants no.3 and 4 namely, Munnalal and Smt. Narain into custody and send the compliance report to this court on or before the date fixed. List this case on 27.8.2015 for appropriate orders. Office is directed to communicate this order to the C.J.M. concerned by fax and normal mode for immediate compliance."
(3.) The appellants, namely, Munna Lal and Smt. Narain have been taken into custody and produced before this court by Kripal Dev, Head Constable from District Jail, Moradabad although no such direction was given by this Court. The appeal has been preferred by the appellants against the judgment and order dated 20.5.1985 convicting them under Sections 302/34 and 307/34 I.P.C. The incident pertains to the year 1983. On earlier occasion the matter was taken up on 8.7.2015 but no one appeared on behalf of the appellants and the matter was listed in the next cause list.;