HARI OM Vs. STATE OF U P
LAWS(ALL)-2009-2-44
HIGH COURT OF ALLAHABAD
Decided on February 19,2009

HARI OM Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Surendra Singh, J. - (1.) BEING ag grieved by the order of refusal of bail dated 12.1.2009 passed by learned District & Ses sions Judge, Budaun, Sri G.R.S. Pal, Advo cate, has preferred Crl. Misc. Bail Applica tion No. 3761 of 2009 in Case Crime No. 777 of 2008, under sections 364, 147, 148, 149, 302, 201 I.P.C., Police Station Rajpura, District Budaun, on behalf of the applicant Hari Om son of Sadhu Singh who was en larged on bail by this Court vide order dated 12.2.2009.
(2.) SRI S.S. Tripathi and SRI A.P. Tiwari, Advocates, allegedly instructed by the applicant have also moved another bail application on behalf of the accused-applicant in Crime No. 777 of 2008 against the aforesaid same order of refusal dated 12.1.2009 passed by learned District & Ses sions Judge, Budaun. Sri S.S. Tripathi holding brief of Sri A.P. Tiwari appeared and submitted that present bail application (No. 3492/2009) has been filed before this Court under some con fusion and in fact he was not aware about the pendency of earlier bail application on behalf of the applicant in the same case crime number before this Hon`ble Court and as such the instant bail application may be dismissed as not pressed. I have heard the Counsels for both the parties and perused the materials placed on the record. I am of the view that this type of practice should not be encouraged. By in structing two or more than one separate parkas to most separate bail applica tions before his Court, in the similar crime number, the accused-applicant has tried to play the gaiter of hide and seek and has thus committed mischief in the administra tion of justice which amounts to perjury, therefore, exemplary cost of Rs. 10, 000/- (Rupees in thousand) is imposed upon the applicant Hari Om son of Sadhu Singh @ Sriram, resident of (village Chandu Nagla. P.S. Rajpura, district Budaun as a deterrent which is to be deposited in the Registry of this Court within three weeks from today. In case the said amount is not deposited within the stipulated period, the same shall be recovered by the concerned Collec tor/District Magistrate as arrears of land revenue in accordance with law. With the aforesaid condition, the appli cation is dismissed as not pressed. Application Dismissed.;


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