JAMSHED Vs. STATE

JUDGEMENT

(1.) Noting that none had been appearing for the appellant; further noting that Sh. K.D. Kalia, Advocate who had filed the appeal did not appear on three consecutive dates when instant appeal was called for hearing i.e. on 6th, 7th and 8th January 2010, vide order dated 11.01.2010 we had directed Production Warrants to be issued to the Superintendent Central Jail Tihar, with a direction that the appellant should be produced in Court on 18.01.2010.

(2.) On 18.01.2010, an order was passed recording that as per the Superintendent Central Jail Tihar, the appellant had been transferred to Rampur Jail on 11.02.2002 and thereafter he was transferred to the District Jail at Bareli on 11.06.2002.

(3.) There being a difficulty in securing the presence of the appellant and noting that his lawyer had not been appearing, vide order dated 18.01.2010 we had appointed Mr. Bhupesh Narula, Advocate who is on the panel of Delhi High Court Legal Services Committee, as an Amicus Curie to argue the appeal. Paper book was supplied to Sh.Bhupesh Narula, Advocate in Court itself and the appeal was retained on Board; to be taken up as and when Mr. Bhupesh Narula, Advocate informed the Court that he was prepared to argue the appeal. We are happy to note that learned Counsel Sh.Bhupesh Narula has fully prepared himself and has mentioned the matter to us today; stating that he is prepared to argue the appeal.