MAHESH Vs. STATE

JUDGEMENT

(1.) The correctness of the Full Bench decision in Raj Narain v/s. : AIR1959All315 , and the Division Bench decision in Sadhu Singh v/s. : AIR1962All193 has been ' referred to this Bench for consideration. In all the four cases an application for bail was also moved and these applications have also been referred to this Bench for orders.

(2.) The material facts of the case are that Mahesh and Madan, applicants, were tried along with others in three robbery cases -two at Bulandshahr and the third at Meerut. The defence of Mahesh in all the three cases was that he was arrested by the police on July 2, 1966. and not on July 3. 1966, The two cases of Bulandshahr were tried first and the Sessions fudge disbelieved the defence plea and convicted both Mahesh and Madan. Appeals against their conviction were dismissed Loner, J. The Sessions Judge trying the case ill Meerut, however, accepted the defence plea and acquitted the applicants, The State did not prefer any appeal against the order of acquittal.

(3.) Mahesh had engaged two Advocates, Sri T. Rathore and Sri P. M, Gupta; but it is said that Sri P. M. Gupta was not authorized to argue the two Criminal Appeals, It is further said that a certified copy of the judgment in the Meerut case was handed over to Sri T, Rathore for being filed at the time of the hearing of the appeals, but he did not bring this judgment to the notice of the High Court, nor did he appear and argue for him (Mahesh) at the time of the hearing of the two Criminal Appeals.