ISRAIL Vs. STATE O

JUDGEMENT

(1.) NASEEMUDDIN, J. It appears that Sri K. N. Ojha, Sessions Judge, Lakhimpurkheri had rejected bail application of Liyakat vide order dated 8. 2. 2001 (Bail Application No. 191 of 2001 ). Thereafter Liyakat moved bail application before this Court [criminal Misc. Case No. I334 (B) of 2001], which bail application was heard by this Court and was rejected on 30. 8. 2001. Thereafter second bail application was moved before the Court of Sessions Judge (Bail Application No. 2900 of 2001) which was decided by Incharge Sessions Judge, Lakhimpur-Kheri (Sri Chandrama Singh) on 7. 11. 2001. The first bail application was rejected by Sri K. N. Ojha, the then Sessions Judge, Lakhimpur-Kheri and second bail application was allowed by the Incharge Sessions Judge (Sri Chandrama Singh) on 7. 11. 2001. This was done in spite of the fact that this Court had rejected the bail application of the accused on 30. 8. 2001. The order passed by Sri Chandrama Singh was, therefore bad and he could not have passed this order while Sri K. N. Ojha was in office. Secondly, this Court had rejected the bail and inspite of this rejection the Incharge Sessions Judge Sri Chandrama Singh allowed the bail of Liyakat, opposite party No. 2. This amounts to misconduct on the part of Sri Chandrama Singh, who was working as Incharge Sessions Judge on the relevant date. The order of issuing notice to opposite party No. 2 in the above circumstances is recalled,

(2.) LEARNED Counsel for the applicant and State were heard in detail.

(3.) LET a copy of this order be sent forthwith to the Sessions Judge, Lakhimpur-Kheri for compliance.