RAMA SHANKAR Vs. STATE

JUDGEMENT

(1.) THE appellant Rama Shankar who has been admitted to bail is absconding and in spite of attempts the warrants seeking his production are not being served upon him. We note that the appellant was admitted to bail by the Supreme Court. We note that the appellant was being represented through an amicus as the appeal was filed from jail; noting further that Mr. Sumeet Verma had been appearing as an amicus for the appellant we had directed that the appeal would be heard with assistance of learned amicus for the appellant.

(2.) WE note that fee of learned amicus curiae has been fixed. We fix his fee at Rs. 5,000/ -.

(3.) WE understand the predicament of the learned Counsel. The incident took place in the forenoon of 7.9.1991. The appellant was found absconding till he was arrested on 16.9.1991. If the appellant admits being engaged as a domestic help, his conduct of absconding would need to be explained by him. If appellant takes a stand that he was not employed as a domestic help by the Mehra family, the incriminating evidence of his finger prints being lifted from the almirah, steel locker and a box in the bedroom of the house of the Mehras would need to be explained. The latter would be fatal. The former would be a lesser evil.