L P MISRA Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. By means of this petition under Section 482 Cr. P. C. Shri L. P. Misra, District Judge, Raibareli (at present District Judge, Unnao) prays for expunging the following remarks in the judgment passed in Criminal Misc. Case No. 694 of 1992, Brahmajeet Singh v. State of U. P. and Anr. , cancelling the bail of opposite parties No. 2 and 3 in Crime No. 157 of 1992, Police Station Lalganj, District Raebareli under Sections 498-A, 304-B and 201 I. P. C. and Section 3/4 Dowry Prohibition Act. By filing a supplementary affidavit the applicant prays that the following portion from the judgment be expunged: "again an application for bail was moved before the Sessions Judge and the, same was disposed of in the Chamber specially when the Sessions Judge was not doing any judicial work on the said date. The circumstances, in which the bail application was entertained and disposed of by the Sessions Judge itself raised doubts and shakes the confidence of the general public. The Court below but in my opinion the same are not applicable in the instant case where the bail was granted by the Sessions Judge over-looking all the norms and conventions prevalent in the Court below and by adopting a novel procedure. The circumstances in which the bail application was disposed of by the Sessions Judge is, on the face of it, not appreciable and is sufficient to shake the confidence of the general public. "

(2.) THE main contention of the applicant's Counsel is that no opportunity was given to the applicant and therefore, the present structure are liable to be set aside. It is further alleged that the fact mentioned in the order that on the said date the Sessions Judge disposed of only one application and was not doing any judicial work is not correct. In fact, he disposed of several bail applications and other things, therefore, the fact that he disposed of only this application for bail sitting in Chamber is not correct.

(3.) IN the result the application is allowed to the extent mentioned above. Application allowed. .