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2004 DIGILAW 1406 (SC)

LALLUYADAV v. State Of Bihar

2004-10-05

ARIJIT PASAYAT, C.K.THAKKER

body2004
ORDER 1. Heard learned counsel for the parties. 2. It is brought to our notice that Accused 4 Mostaquim Mian, Appellant 1 in Criminal Appeal No. 584 of 1999 has expired in the meantime. It is also stated that there are conflicting reports about Jeobodhan Singh who was released on bail and is Appellant 3 in Criminal Appeal No. 584 of 1999. 3. Though many points were urged in support of the appeal, it was primarily contended that the appeals before the High Court were disposed of in the absence of learned counsel for the accused-appellants. It is specifically stated in the petitions filed in this Court that after the case was entrusted to a particular lawyer, he had suffered from some mental ailment and was not attending the court and that is how the appeals came to be disposed of in the absence of the counsel for the accused-appellants. 4. In view of these peculiar circumstances, we feel it would be appropriate for the High Court to rehear the appeals. We direct the appellants to appear before the Bench concerned as per roster fixed by Hon ble Chief Justice of the High Court where the matters shall be listed without further notice on 23-11-2004. It is open to them to engage another counsel so that the appeals can be conducted before the High Court. The order of bail granted by this Court shall be operative till the matters are taken up by the High Court. It shall be open to the High Court to pass such orders as regards bail as would be felt necessary by it. 5. The appeals are accordingly disposed of.