BADAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) ON behalf of all the appellants first application (I. A. No. 11942/2005) for suspension of sentence and grant of bail was filed. During the pendency of above said application, another application (LA. No. 1786/2006) for grant of temporary bail was filed on behalf of all the appellants. The prayer of interim bail was allowed only to appellant Nos. 1 and 3, namely, Badam Singh and Brijlal by 5. A. Naqvi, J. , on 30-1-2006 and on the same date, as prayed by learned Counsel, prayer to allow interim bail to appellant No. 2 Sunderlal was rejected as withdrawn by the same Bench.

(2.) ON 10-3-2006 first application for suspension of sentence (LA No. 11942/2005) was listed for hearing before the Bench comprising of AP. Shrivastava, J. and the learned Judge directed the matter to be listed before appropriate Bench.

(3.) ON 21-7-2006 again LA No. 11942/2005 was listed before AP. Shrivastava, J. , and it was directed to be listed before appropriate Bench because on 31-1-2006 temporary bail was granted to appellant Nos. 1 and 3 and the said prayer was not allowed to appellant No. 2, since it was not pressed on behalf of appellant No. 2, by the Bench comprising of S. A. Naqvi, J. Eventually, the case was listed on 25-8-2006 before S. A. Naqvi, J, and it was observed that since LA no. 11942/2005 is the first application which is still pending and is yet to be decided on merits, therefore, said application be listed before regular Bench. On bare perusal of order-sheet dated 25-8-2006 it is gathered that the said order was passed since only interim bail was granted to appellant Nos. 1 and 3 by S. A. Naqvi, J. on 31-1-2006.