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1987 Supreme(Pat) 162

P.S.MISHRA, ABHIRAM SINGH
Hazari Choubey – Appellant
Versus
State Of Bihar – Respondent


Judgment

Prabha Shankar Mishra, J.

1. The appellants herein have been convicted under Sec.395 of the Indian Penal Code, Order sheet of the appeal shows that initially Mr. Syed Alamdar Husain appeared for the appellants but it transpired that appellant Hazari Chaubey had-somehow managed his release on bail on a forged bail order fabricated to have been passed by R. N. Prasad, J. one of the Hon ble Judges of this Court and noticing that the said release was unauthorised this Court declined to release him on bail during the pendency of the appeal and directed for an enquiry into the forgery of the order. Mr. Hussain, however, got his appearance cancelled and the appellants were thus given notice by this Court to appear through a counsel of their choice. After notice by this Court, the appellants have entered appearance through M/S Ram Bhushan Pandey and Girish Chandra Sharma, Advocates. The appeal was listed for hearing on May 13, 1987. Since no one appeared on behalf of the appellants, the Court found it difficult to proceed with the hearing of this case without the appellants being represented at the hearing of the appeal. Mr. Hariji Upadhaya, however, agreed to appear Amicus Curiae

















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