Arun Kumar Mishra v. State

$~8 & R-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 607/2017 ARUN KUMAR MISHRA ..... Appellant Through None versus STATE ..... Respondent Through Ms.Radhika Kolluru, APP for the State along with SI Neeraj, PS South Rohini, in person.

+ CRL.A. 1577/2014 ARUN KUMAR MISHRA ..... Appellant Through Mr.K.K.Tyagi, Adv.

versus STATE ..... Respondent Through Ms.Radhika Kolluru, APP for the State along with SI Neeraj, PS South Rohini, in person.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.08.2017 Crl. A. No.607/2017 & Crl. M. (Bail) No.1040/2017 None for the appellant. Even on 27.07.2017, none was present on his behalf. We are informed by the learned APP for the State that she has spoken to Mr.Sarvesh Singh, Advocate who has filed this appeal and who had appeared on 29.05.2017, but he has informed her that he has no instructions to appear in the

matter. We may notice that an earlier appeal being Crl. A. No.1577/2014 is already pending, filed by the same appellant arising out of the same FIR as well as the judgment dated 10.07.2014 and the order on sentence dated 06.08.2014. Since two appeals cannot be entertained, the subsequent appeal being Crl. A. No.607/2017 is dismissed. Bail application being Crl. M. (Bail) No.1040/2017 is also dismissed.

Crl. A. No.1577/2014 In this case, we had heard arguments in part on 21.07.2017 and thereafter adjourned the matter to 26.07.2017 at the request of counsel for the appellant. However, on 26.07.2017, there was a written request for adjournment and the matter has been adjourned for today. We are informed by Mr.Tyagi, learned counsel for the appellant that he has no instructions to appear in the matter. Since we have heard arguments in part, at this stage, we decline the request for adjournment as also the request seeking discharge. We have requested Mr.Tyagi to assist us in the matter. Arguments heard.

Judgment reserved. Liberty is granted to the parties to file a written note of arguments within two days from today.

G.S.SISTANI, J.

CHANDER SHEKHAR, J.

AUGUST 02, 2017/ka /