YUDHVEER ALIAS BATA Vs. STATE OF U P

JUDGEMENT

(1.) A. P. Sahi, J. Heard Sri D. S. Mishra learned Counsel fortheappli-cant and Sri Mewa Lal Shukla, learned A. G. A. for the State.

(2.) THE first bail application was rejected by me on 29. 4. 2008 whereafter this second bail application was moved and came before me on 19. 5. 2008 on which date the learned Counsel for the applicant was not present and therefore, the for case was listed with previous papers before the appropriate Bench in the next cause list. Learned Counsel for the applicant moved an urgency application in the matter and it is stated that the Hon'ble Senior Vacation Judge Hon'ble Justice Rafat Alam passed an order for listing it before the appropriate Bench on 3rd June, 2008. During vacations, the Bench dealing with minor bails was presided over by Hon'ble Justice Surendra Singh, who passed an order to list the case before the appropriate Bench, whereafter the matter was listed before Hon'ble Justice Arun Tandon. On 3rd June, 2008 an order was passed calling upon the Government Advocate to seek instructions on the second bail application. On 6th June, 2008, Hon'ble Justice Arun Tandon passed an order that it would be appro priate that the records be placed before the Senior Vacation Judge for examining as to whether the second bail application is to be heard by me or by some other Judge nominated by Hon'ble the Senior Vacation Judge, as was not sitting during vacations.

(3.) APART from the above, our Court has reiterated the said view in the following two decisions :