YOGENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Appeal No. 61 of 1968 was filed before the learned Sessions Judge, Meerut against the judgment and order dated 4-6.86 of Sri S.K. Samadhiya, Assistant Sessions Judge Meerut convicting Yogendra Kumar applicant under sections 307, 393 I.P.C. and section 2S Arms Act and sentencing him to 7 years R. r. on the first count, 3 years R.I. in default of payment of fine on the second count and 3 yearsT R.I. on the third count. The aforesaid appeal was dismissed by Sri Shamshery, Additional Sessions Judge/Special Judge, Meerut by his judgment and order dated 28-1-87. The learned Sessions Judge had confirmed the conviction and sentence passed by the Assistant Sessions Judge, in Sessions Trial No. 139 of 1984 State v. Yogendra Kumar and others.

(2.) After filing the aforesaid appeal before the Sessions Judge the applicant was enlarged on bail by the Sessions Judge and he was released from jail on bail after complying with the conditions of the bond as directed by the Sessions Judge. During the pendency of the appeal the applicants did not abuse the bail.

(3.) The aforesaid appeal came up for hearing before Sri N.S. Shamshery, Additional Sessions Judge. Meerut on 7-1-87 and on that date the applicants counsel moved an application for adjournment for a month to enable him to prepare the case and study the documents concerning the appeal but the same was rejected. On the aforesaid application, the learned Sessions Judge passed an order directing the applicants counsel to produce the applicant (appellant) in the Court within a week. However, it is alleged that the court further observed that the learned counsel for the applicant cannot be permitted to argue on his behalf in his absence. The applicantTs counsel could not inform the applicant regarding his appearance before the Sessions Judge within a week with the result that the learned Sessions Judge disposed of the said appeal without hearing the applicants counsel.