ASHWANI KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant was convicted under Sections 302 of the ipc in terms of the judgement dated 07. 04. 1997 of the learned Additional Sessions Judge and sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/- vide Order on Sentence of the even date.

(2.) THE appellant was released from jail on 13. 02. 1998 on interim bail initially for a period of 15 days vide Order dated 11. 02. 1998 which was extended by one month from the date of expiry of his earlier period of bail of 15 days vide Order dated 24. 02. 1998 and was required to surrender before the jail authorities on 01. 04. 1998. The appellant failed to surrender and could not be located. A letter dated 22. 03. 2001 was received by this Court from the Superintendent, Central Jail No. 2, Tihar. The surety was traced out but he did not know the whereabouts of the appellant. The proceedings under Sections 82/83 cr. P. C. were initiated against the appellant and as per the report of the learned Sessions Judge, the appellant has been declared a proclaimed offender on 05. 02. 2002.

(3.) THIS Court has been faced with a number of appeals where the accused has either jumped the parole or where the sentence was suspended on account of the appeal not being taken up for hearing has become untraceable and neither the appellant nor the counsel appears to argue the appeal. A question arose how such matters have to be dealt with and the said aspect forms a part of the pronouncement by a Co-ordinate Bench of this Court in Mukesh Vs. State 2008 (3) JCC 1986. The division Bench after discussing the different legal pronouncements of the Apex Court observed as under: