STATE OF UTTAR PRADESH Vs. KAMAL KISHORE

JUDGEMENT

(1.) This criminal appeal has been filed by the State of U. P. against the order of the Allahabad High court dated 9/01/1980 whereby the High court set aside the order dated 2/02/1979 passed by II Additional Sessions Judge, Mainpuri and quashed the proceedings pending against the respondents in the court of ii Additional Sessions, Judge, Mainpuri for realisation of fine of rs 20,000. 00 as part of sentence passed against Mehtab Singh, father of the respondents.

(2.) The facts giving rise to this appeal may be noticed in brief:

(3.) It appears that Mehtab Singh was granted special leave to appeal on 30/11/1970. Mehtab Singh moved an application under S. 426 (2-B) of the Code of Criminal Procedure in the High court on december 7, 1970 praying that during the pendency of the appeal in the supreme court he be released on bail and realisation of fine may also be stayed. The Allahabad High court on the said application passed an order dated 8/12/1970 to the following effect: