Hari Om vs State of U.P.

Surendra Singh, J.—Being aggrieved by the order of refusal of bail dated 12.1.2009, passed by learned District and Sessions Judge, Budaun, Sri G. R. S. Pal, advocate, has preferred Crl. Misc. Bail Application No. 3761 of 2009 in Case Crime No. 777 of 2008, under Sections 364, 147, 148, 149, 302 and 201, I.P.C., Police Station, Rajpura district Budaun, on behalf of the applicant-Hari Om son of Sadhu Singh who was enlarged on bail by this Court vide order dated 12.2.2009.

Sri S. S. Tripathi and Sri A. P. Tiwari, advocates, allegedly instructed by the applicant have also moved another bail application on behalf of the accused-applicant in Crime No. 777 of 2008 against the aforesaid same order of refusal dated 12.1.2009, passed by learned District and Sessions Judge, Budaun.

Sri S. S. Tripathi holding brief of Sri A. P. Tiwari appeared and submitted that present Bail Application No. 3492/2009 has been filed before this Court under some confusion and in fact he was not aware about the pendency of earlier bail application on behalf of the applicant in the same case crime number before the Hon''ble Court and as such the instant bail application may be dismissed as not pressed.

I have heard the counsels for both the parties and perused the materials placed on the record.

I am of the view that this type of practice should not be encouraged. By instructing two or more than one separate pairokars to move separate bail applications before this Court, in the similar crime number, the accused applicant has tried to play the game of hide and seek and has thus committed mischief in the administration of justice which amounts to perjury, therefore, exemplary cost of Rs. 10,000 (Rupees ten thousand) is imposed upon the applicant Hari Om son of Sadhu Singh alias Sriram, resident of village Chandu Nagla, P. S. Rajpura, district Budaun as a deterrent which is to be deposited in the Registry of this Court within three weeks from today. In case the said amount is not deposited within the stipulated period, the same shall be recovered by the concerned Collector/District Magistrate as arrears of land revenue in accordance with law.

With the aforesaid condition, the application is dismissed as not pressed.