SHEO PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. For all practical purposes these two petitions shall be kept tied up.

(2.) THIS application has been moved by informant Sri Sheo Pal Singh on peculiar circumstances. Two accused are facing trial, namely, Bachoo Singh and Lalloo Singh. Bachchoo Singh was granted bail by the Sessions Judge. An order of this Court purported to have been passed in Criminal Misc. Case No. 1180 (B) of 1986 by which the other accused Lalloo Singh was shown as having been directed to be released on bail was produced in Court below. In pursuance of that order Lalloo Singh is enjoying liberty as he was released by the follow up orders of the C. J. M. , Sitapur. During the proceedings in the trial the Case Diary appears to be not available and it was said that as if the Case Diary was summoned by this Court before considering the bail application No. 1180 (B) of 1986. The trial Judge was, therefore, of the view that the Case Diary should be summoned and produced in his Court or else he would close the evidence of the eye-witnesses. Aggrieved by this order of the Sessions Judge, the informant rushed up to this Court by these two petitions.

(3.) LET Lalloo Singh be taken into custody forthwith and a non-bailable warrant shall be issued by the trial Judge in case Lalloo Singh's arrest is not procured under normal process.