MOHINDER SINGH ALIAS AJAIB SINGH Vs. STATE

JUDGEMENT

(1.) THE appeal has come up for hearing today and on perusal of record, it transpires that the appeal was filed after a delay of about 8 years. No application for condonation of delay was filed and the appeal was kept pending. During the pendency of the appeal, an application was filed for condonation of delay. The delay was finally condoned on 17. 3. 1998, but the application for suspension of sentence was dismissed. No order was passed in the appeal.

(2.) THE order dated 03. 02. 1998 shows that the appellant had absconded when he was earlier on parole. The appellant once again moved an application for suspension of sentence and the said request was acceded to on 26. 7. 1999.

(3.) WHEN the appeal was called out for hearing on 14. 7. 2009, none appeared and bailable warrants were issued. The bailable warrants remained unexecuted and thus non-bailable warrants were issued. Even the NBWs have remained unexecuted on two occasions and the last report in this behalf is that the appellant was not found at the given address. His son was found living at the address, who stated that since the appellant was involved in criminal activities, the family had disowned him. The appellant is stated to have shifted to an unknown destination on 22. 1. 2000. An endeavour was also made to apprehend the appellant from the village but the local inquiry shows that the appellant had not visited the village for a number of years. No other clue regarding the present location of the appellant was available.