High Court of Judicature at Allahabad
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Manoj v. State Of U.P. And Another - APPLICATION U/s 482 No. 10058 of 2007  RD-AH 8672 (8 May 2007)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to recall the N.B.W. Issued against the applicant on 28.4.2007 in S.T. No. 945 of 2003 pending the court of learned Addl. Sessions Judge, Hapur, Ghaziabad. It is contended by learned counsel for the applicant that due to illness the applicant could not appear before the court concerned on 28.4.2007 prior that he was regularly attending the court proceedings. But on behalf of the applicant the application for dispensing with his presence was moved, the same was rejected by learned trial court and N.B.W. Has been issued against the applicant. Therefore, the impugned order dated 28.4.2007 may be recalled.
In reply of the above contention, it is submitted by learned A.G.A. that there is illgality in the impugned order because due to non appearance of the applicant, the N.B.W. Has been issued against him. From the perusal of the record it appears that the applicant was regularly appearing prior 28.4.2007, he could not appear before the court concerned on his behalf an application for exempting his appearance moved but the same has been rejected by the learned trial court, in such circumstances, impugned order dated 28.4.2007 is recalled. But the applicant is directed to furnish fresh bail bonds tot he satisfaction of the court concerned within 10 days from today.
With this direction, the application is finally disposed of.
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