STATE OF UTTAR PRADESH Vs. ANOOP KUMAR MISRA

JUDGEMENT

(1.) This bail cancellation application was moved by the State Government on 15-7-93 for cancelling the bail granted to the opposite party by the Sessions Judge, Shahjahanpur by order dated 20-5-1993.

(2.) On the bail cancellation application, this Court was pleaded to order for issuing bailable warrant fixing 23/08/1993 to the opposite party for showing cause and for personal appearance before the Court, why the bail granted to the appellant be not cancelled. On the date fixed, the opposite party appeared before the Court along with his counsel Sri P. N. Lal, Advocate, Sri P. N. Lal requested for short time for filling the counter-affidavit. The request was accepted and time till 27-8-93 was granted on 23/08/1993.

(3.) On 27/08/1993, when the case was called out, Sri P. N. Lal Advocate appeared and moved an application along with a counter-affidavit sworn by Sri Krishna Govind Misra, the father of the opposite party. On 27-8-93, the opposite party did not appear before the Court. A medical certificate from a private medical practitioner Dr. S. C. Rastogi was filed showing that the opposite party was suffering from Pyrexia-cum-Chill and Rigor (Pyrexia means fever chill and Rigor). He was advised rest by the said Doctor. The Court was not inclined to accept the medical certificate as it was not by a Government Hospital Doctor. This is not uncommon to obtain certificate from Doctors about fever, etc. The Court was pleased to direct that the case be put up on 30/08/1993 with a specific direction that the opposite party shall appear in person and file the counter-affidavit, if any, so advised.