E-Paper
HC calls for bail report of accused
THE ALLAHABAD High Court has called for a report of the Special Chief Judicial Magistrate, Allahabad, on an application challenging an order by the Special CJM releasing two accused in the trade union leader Amrendra Kumar Pandey murder case. The special CJM had ordered their release though the Sessions Judge, Allahabad, had rejected their bail application earlier.
THE ALLAHABAD High Court has called for a report of the Special Chief Judicial Magistrate, Allahabad, on an application challenging an order by the Special CJM releasing two accused in the trade union leader Amrendra Kumar Pandey murder case.
The special CJM had ordered their release though the Sessions Judge, Allahabad, had rejected their bail application earlier.
By an order dated June 21, the Special CJM had released two accused Chaturbhuj Prasad Yadav, deputy general manager of Triveni Sheet Glass Factory, Ghoorpur, Allahabad and Kamal Krishna Gupta, the Chief Security Officer of the same factory, on their executing personal bond and two sureties each of Rs 20, 000. Both accused are named in the Pandey murder case.
The court also directed that the notice of the application be also served to the two above-mentioned accused persons through the Chief Judicial Magistrate, Allahabad, forthwith.
The court has directed to put up this case on August 1, 2006 for the next hearing.
This order was passed by Justice SS Kulsrestha on an application filed by Raja Prasad Pandey, uncle of the deceased, after hearing his counsel Pankaj Srivastava.
To recall, Amarendra Kumar Pandey, the president of Triveni Sheet Glass Workers’ Union, Ghoorpur, Allahabad was murdered on March 24, 2006. His uncle Raja Prasad Pandey lodged an FIR at Ghoorpur police station, naming managing director of Triveni Sheet Glass Factory JK Agrawal, deputy gm of the factory Charbhuj Prasad Yadav and chief security officer of the same factory Kamal Krishna Gupta as accused in the murder case. The FIR was lodged under section 302 (murder) and 120B (Conspiracy) of Indian Penal Code. In the FIR, it was alleged that the accused had warned Pandey to desist from trade union activities. Since he did not stop his trade union activities, they got him eliminated.
At one stage the writ petition of MD JK Agrawal, seeking stay on his arrest, was rejected by the Allahabad High Court. At another stage, the sessions judge, Allahabad on April 29, 2006 rejected the bail application of other accused persons Deputy GM CP Yadav and KK Gupta.
However, special CJM, Allahabad by his order dated June 2, 2006 released Yadav and Gupta. This was challenged before the High Court by filing an application under section 482 (Inherent powers of High Court) of Criminal Procedure Code.
Arguing on behalf of the applicant, his counsel contended that the bail application of the accused —- Yadav and Gupta —- was already rejected by the sessions judge, Allahabad, therefore, the Special CJM had no jurisdiction jurisdiction to release the accused on bail.
