V P SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Almost two centuries and a decade back thus spoke Edmund Burke :

(2.) I have taken recourse to the aforesaid prefatory note as the circumstances under which these two applications came to be filed depict a matrix which is not only unfortunate and unbecoming but also disturbing. The applicant, Shri V. P. Shrivastava seeking concession of anticipatory bail from this Court in connection with Crime No. 32/99 registered for offences punishable under Ss. 420, 467, 468 and 471 read with S. 34 of Indian Penal Code filed M.Cr. C. No. 3672/99. The application was admitted on 3-6-1999. Learned Government Advocate took notice on behalf of the State and undertook to requisition the Case Diary by next date of hearing. The matter was posted to 12-7-1999. It is worthnothing here that the said application was filed by Mr. Sharad Verma, a learned member of this Bar. The memo of appearance dated 21-5-1999 clearly reveals that Mr. Verma was instructed by Mr. V. P. Shrivastava. While this application was pending another petition was filed describing the petition as one to bring certain supplementary facts on record in connection with the application for anticipatory bail which had already been filed. In the said petition in Paragraph 22 it was stated "This is first bail application". The prayer in the application was couched in the following manner :

(3.) As chronology of events portray, M.Cr.C. No. 3672/99 was listed on 14-7-1999 and it was ordered by this Court that the matter should be listed along with M.Cr.C. No. 4633/99 in the next week. The matter was listed on 22-7-1999 and the same was adjourned as none was present for the applicant.