PUNNAPPA VITHAL JAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code of 1973), the Applicant has prayed for suspension of execution and operation of Judgment and Order dated 30th January, 1984 passed in Sessions Case No.181 of 1983 by the learned Assistant Sessions Judge, Solapur. By the said Judgment and Order, the Applicant was convicted for offence punishable under section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.1,000.00. In default, he was directed to undergo simple imprisonment for six months.

(2.) WITH a view to appreciate the submissions which are made by the learned counsel appearing for the parties, it will be necessary to refer to the facts of the case. The aforesaid Judgment and Order was challenged by the Applicant by preferring Criminal Appeal No.163 of 1984. It appears that the said Appeal was admitted by this Court. At the time of admission of the Appeal, on 21st February, 1984, this court granted bail in favour of the Applicant subject to furnishing fresh bail bonds. However, prayer for stay regarding sentence of fine was rejected. By a further order passed on 22nd February, 1984, it was observed that since order of conviction has been passed by the learned Assistant Sessions Judge, the Appeal was maintainable before the Sessions Court. Therefore, this court transferred the Appeal to the court of Session Judge, Solapur for disposal in accordance with law. This court continued order of bail granted at the time of admission of the Appeal. However, the learned Sessions Judge was granted liberty to pass such order for modification or otherwise as he may find necessary.

(3.) WHEN this Application came up before this court on 01st March, 2006, an order was passed directing the office to put up a detailed note after making inquiry as to whether papers of the Criminal Appeal No.163 of 1984 were sent to the Sessions Court at Solapur for disposal according to law. On 04th March, 2006 office made a noting that the Record and Proceeding of the case was not called for in Criminal Appeal No.163 of 1984 by this court. Noting further records that Criminal Appeal No.163 of 1984 was disposed of on 22nd February, 1984 and final Writ was issued to the Assistant Sessions Judge, Solapur on 23rd February, 1984. It is further recorded that the said Writ was returned duly certified. In terms of order dated 08th September, 2006 a fresh report was submitted on 15th September, 2006 by the Assistant Registrar of the Criminal Department. The said report records that this court passed an order directing transfer of the Appeal to the Court of Sessions Judge, Solapur for disposal in accordance with law. It was noted that writ of the said order was issued to the Assistant Sessions Judge, Solapur. It was stated that except for the copy of the writ the other papers have been destroyed by the office. After considering the earlier note, this court on 28th July, 2006 passed an order directing the learned Sessions Judge, Solapur to trace papers and to submit a report as to the status of the Appeal pending before the said court.