SURESH ALIAS SURENDRA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application on behalf of the complainant under section 482 read with section 439(2) of the Code of Criminal Procedure in the aforesaid criminal appeal, for recalling the order dated 17-10-85 passed by this Court granting bail to the appellant, convicted under sections 302/307 I.P.C. and sentenced to life imprisonment and seven years R.I. respectively in Sessions Trial No. 395 of 1983 State v. Suresh.

(2.) The appeal aforesaid was filed in this Court on 28-5-1984, it was admitted and the prayer for bail was ordered to be considered after receipt of the record. The case was listed again on 16-10- 1985 for consideration of prayer for bail after the receipt of the record arid it was heard again on 17-10-1985 and after hearing the learned counsel for the appellant bail was granted.

(3.) This application on behalf of the complainant supported by an affidavit has been filed by Sri Raj Kumar Jam, counsel for the complainant. It has been averred in the affidavit that the counsel for complainant has filed his vakalatnama and on some dates prior to 16-10-1985 his (Sri R. K. JainTs) name also appeared in the cause list printed under the authority of Honble the Chief Justice, but by chance his name was not shown in the cause list for this case either on 16/10/1985 or on 17/10/1985 when the application for bail was listed for orders. He was not heard in support of the case of the prosecution and the ex-parte order for bail was made.