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Patna High CourtCR. APP (SJ)/566/2002dismissed

Mahendra Sahni And ORS v. State Of Bihar

2019-08-08Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.566 of 2002 ======================================================

1. MAHENDRA SAHNI

2. Sakindra Sahani, both are sons of Late Fakira Sahani,

3. Paltu Sahani

4. Aneru Sahani, both are sons of Late Faguni Sahani,

5. Kishori Sahani son of late Sundar Sahani

6. Rabindra Sahani son of Bagir Sahani

7. Nageshwar Sahani son of Late Dhayan Sahni

8. Chottu Sahani son of Paltu Sahani, all residents of Village-Lakshmi Narayanpur, Tola Bilanpur, Police Station Lalganj, Distt-Vaishali. ... ... Appellant/s

Versus

STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Awadhesh Kr. Singh, Adv For the Respondent/s :

Mr. Sujit Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-08-2019 Seen the report submitted by the learned lower court wherefrom it is evident that as the bail bond of appellants has already been cancelled vide order dated 03.01.2019 in pursuance thereof, on 21.01.2019, then P.O. has already issued the non bailable warrant.

The present PO did not divulge with regard to any steps having been taken at his end and this happens to be the conduct of the PO.

The PO is warned to be vigilant and further, would procure the presence of the convict in order to remand them to judicial custody for getting the sentence properly executed at

Patna High Court CR. APP (SJ) No.566 of 2002(7) dt.08-08-2019 2/2 their end.

As the appellants are absent, this appeal is dismissed in view of the principle laid down by the Hon'ble Apex Court in the case of Surya Baksh Singh v. State of Uttar Pradesh: (2014) 14 SCC 222.

(Aditya Kumar Trivedi, J) perwez U T