BALWANTSING NARSING BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is the original accused and has challenged the legality and validity of the order of conviction and sentence passed by the learned Special Judge, Panchmahals at Godhra in Special [Essential Commodity] Case No. 8 of 1998. Mr. J.C. Sheth, learned counsel for the appellant is absent. Attempts were made by the Registry to inform the appellant and ultimately, the Court decided to adjourn the hearing of the appeal from time to time. On 17th September, 2007, ultimately, the Court passed the following order:-

(2.) Notice issued to the appellant was served to Sumitraben Balwantbhai Bariya, wife of the appellant, and therefore, it would be too harsh for the Court to issue non-bailable warrant against the appellant. Therefore, this Court decided to deal with the appeal on merits as it is not possible to dismiss the appeal for want oof prosecution because of the settled legal position in this regard.

(3.) I have heard Ms. D.S. Pandit, learned APP appearing for the State. Ms. Pandit has assisted the Court from the papers available with her and the paper book. To appreciate the say of the learned APP and the validity of the findings recorded by the trial Judge, firstly, it would be beneficial to state the basic facts that were placed before the learned trial Judge.