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2012 Supreme(All) 2774

DHARNIDHAR JHA, ASHOK PAL SINGH
CHANDRAMA PRASAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Apul Misra, A.K. Shukla, P.N. Misra and U.K. Saxena for the Appellants; Kamlesh Shukla and A.G.A. for the Respondent.

JUDGMENT

By the Court.—We have perused the explanation submitted by the Registrar General of the Court dated 15.10.2012 who has, inter alia, submitted that “reconstruction has been carried out and the reconstructed copy has been placed on the record of the case.”

However, we find a copy of the note submitted by the Registrar (Criminal) which is dated 15.10.2012 as also the Section Officer of Criminal Appeal ‘Group-’A’ submitting that there was no provisions in the Allahabad High Court Rules, 1952 regarding the construction of misplaced/lost records.

2. We want to examine this issue also, but first the prayer for bail has to be considered.

We have heard Sri U.K. Saxena, learned counsel appearing on the second prayer for bail of appellant, Chandrama Prasad whose first prayer for bail was rejected by the Court by an order passed on 04th January, 2008. We have also heard learned AGA appearing on behalf of the State.

The submission is that all accused persons are said to have chased the injured and the victim from a polling station and are said to have fired at them in which course, deceased Yashwant Singh also received injury and while he was being treated in hospital, succumbed to them

















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