GAJINDER SINGH Vs. STATE

JUDGEMENT

(1.) The appellant along with one another (Arun Kumar) was tried by the court of additional sessions judge in sessions case (26/2000) registered on the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted upon conclusion of investigation into first information report (FIR) no. 454/1997 of police station Kamla Market and was held guilty, by judgment dated 12.10.2001, on charge for offence under Section 392/34 IPC read with Section 397 of Indian Penal Code, 1860 (IPC). By subsequent order dated 16.10.2001, the trial Judge awarded rigorous imprisonment for five years with fine of Rs. 3,000/- on charge under Section 392/34 IPC besides rigourous imprisonment for seven years with fine of Rs. 3,000/- separately for offence under Section 397 IPC.

(2.) The present appeal was filed challenging the said judgment and order on sentence in December, 2001. The appeal, however, was not prosecuted diligently, the appellant having avoided appearance, this leading to the appeal being dismissed for non-prosecution by order dated 21.01.2014 of a learned single judge of this Court, reference having been made in that regard to the ruling of a division bench of this Court in Mukesh vs. State, 2008 152 DLT 201 (DB).

(3.) In the wake of directions in the order dated 21.01.2014, whereby the trial court had been called upon to take steps to ensure that the appellant was taken in custody to serve the remainder of the sentence (he having been earlier released on bail pending adjudication of the appeal), the appellant was arrested, he having been found to be in judicial custody in another case i.e. FIR No. 27/2009 of police station Special Cell since 11.03.2019. Two applications - Crl.M.A. 10607/2019 (for recall of order dated 21.01.2014) and Crl.M.A. 10608/2019 (for condonation of delay) - have been moved on his behalf. He has been called from jail on production warrant for hearing on the said applications. For reasons set out in the application, the delay is condoned.