CHHEDA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a second bail application. The first bail application was rejected by this Court vide order dated 3-4-1985. It may be mentioned that I had admitted Girish to bail keeping in mind that he had no past criminal history.

(2.) IN this second bail application it has been brought to my notice that the learned Illrd Additional Sessions Judge, Sri S. K. Srivastava allowed bail to Ram Autar on 7-6-1985 and co-accused Vishwanath has been admitted to bail vide order of the INcharge Sessions Judge Sri MunendTa Saxena dated 8-7-85. Both the learned Judges have not applied their mind to the order passed by this Court. Munendra Saxena has even gone to the extent of observing :-

(3.) HOWEVER, inview of the medical certificate attached with this application with respect to ailment of applicant's wife I admit Chheda to a short term bail for a period of four months which will commence to run from the date of release of the applicant from jail on his furnishing adequate sureties and a personal bond in the like amount to the satisfaction of the Chief Judicial Magistrate, Sitapur, to enable him to provide medical facilities to his ailing wife. The applicant shall surrender alter expiry of the period.