MUKESH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two petitions involved the same question of facts and law, therefore, there are being disposed of by this common order.

(2.) The facts of both cases are that the opposite party No. 2 filed two separate complaints against the petitioners. In those complaints the petitioners moved applications to release them on bail under S. 88, Cr. P.C. without their appearance in Court on the ground that the petitioners are ill. The trial Court has rejected both the applications on the ground that unless the petitioners appear in the Court no order for bail could be passed. Aggrieved by that order the present petitions have been filed with the request that the order of the learned Magistrate rejecting the applications be quashed and the Magistrate be directed to decide the petitioners applications without enforcing the personal presence of the petitioners and treat their presence through counsel.

(3.) I have heard Sri H. N. Sharma, learned counsel for the petitioners and learned A.G.A.