PRABHU DAYAL Vs. STATE

JUDGEMENT

(1.) The appellant was convicted under section 302 of Indian Penal Code (for short IPC) vide judgment dated 30.03.1995 and vide order on sentence of the even date sentenced to undergo imprisonment for life and to pay a fine of Rs 500/- and in default of payment of fine to further undergo RI for a period of three months.

(2.) The appellant was granted bail and his sentence was suspended till the disposal of the appeal on furnishing a personal bond in the sum of Rs 5000/- with one surety of the like amount vide Order of this Court dated 19.7.1995.

(3.) On the appeal being taken up for hearing as per its turn on 01.07.2009, none appeared for the appellant and thus NBWs were issued for production of the appellant returnable for 13.08.2009. On 13.08.2009, again none appeared for the appellant and fresh NBWs were directed to be issued against the appellant. On the said date, notice to surety was also issued and the case was then posted for 15.09.2009. On the said date, NBWs issued against the appellant remained unexecuted though surety of the appellant appeared in the Court and sought some time to produce the appellant. On 06.10.2009, next date fixed in the matter, surety of the appellant appeared and stated that she has not been able to produce the appellant and requested for some more time stating that the appellant is residing somewhere in Punjab and also prayed for issuance of NBWs against the appellant as the appellant may not be willing to come voluntarily with her and accordingly we again issued NBWs against the appellant and surety was directed to inform the IO about the present whereabouts of the appellant so as to execute the NBWs and the matter was posted for today.