Shyam Sunder @ Ghanshyam v. State

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19.08.2009 Present:- Mr. S.B. Dandapani for the applicant. Mr. Sanjay Lao, APP for the State. -PB.A. No. 2147/2008 * Mr. Lao, APP for the State submits that the petitioner has suppressed from this court that in the intervening period he > had preferred two separate bail applications which were dismissed by the learned trial court vide orders dated 6.1.2009 and ,21.7.2009. Counsel further submits that the bail application filed by the petitioner in the instant case was dismissed for non-prosecution vide order dated 24.10.2008 and then the same was restored on the application moved by the petitioner vide order dated 3.7.2009. Counsel also submits that it was imperative for the petitioner to have disclosed the said two orders passed by the m learned trial court whereby the said ball applications of the petitioner were rejected. Mr. S.B. Dandapani counsel for the petitioner submits that he is not aware of any of these orders as he has received the present case file from the DLSA. Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Already vide order dated 28.7.2009 directions were given to the DLSA to evolve a system so that there is a proper coordination and follow up of such bail applications, appeals or other matters of jail inmates. Presumably, Mr. Dandapani, Advocate who has been assigned this bail matter may be not aware of the fact that the petitioner through some other counsel, had also moved bail applications before the learned trial court. Nevertheless, it is apparent that there is complete lack of coordination between DLSA and Jail Authorities and to avoid any such re-occurrence, it was directed to the DLSA vide order dated

28.7.2009 to evolve a proper mechanism for proper follow up of such bail applications, appeals or other matters of jail inmates represented through DLSA Or DHLSA. Accordingly, the DLSA is directed to take appropriate steps in this direction. As far as the present bail application is concerned, Mr. Dandapani counsel for the petitioner seeks to withdraw the present application with liberty to file fresh bail application. Copy of this order be sent to the office of DLSA and DHLSA. Dismissed as withdrawn. Liberty granted. August 19, 2009 KAILAShTGAMBHIRJ