RAMKRISHNA GANESH WAGH Vs. STATE OF MAHARASHTRA THROUGH POLICE STATION BORGAON MANJU, TQ DIST AKOLA, THROUGH OFFICE OF GOVT PLEADER, HIGH COURT, NAGPUR

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and order dated 26.10.2005 passed by the Sessions Court, Akola (trial Court) in Sessions Trial No.134/2004, whereby the appellant was convicted under Section 376 of the Indian Penal Code (IPC) and he was sentenced to undergo rigorous imprisonment for seven years and six months, respectively on two counts, as also to pay a fine in terms of direction contained in the impugned judgment and order.

(2.) On 05.12005, this court allowed the application filed by the appellant and suspended the sentence passed by the trial Court further directing the appellant to be released on bail on same terms and conditions, as were applicable during the trial. Accordingly, the appellant has been on bail since 05.12005.

(3.) This appeal was listed on 15.06.2018 for hearing when none appeared on behalf of the appellant and the office note recorded that the counsel for the appellant had not even collected the paper book. Accordingly, time of one week was granted to the counsel for collecting the paper book. On 22.06.2018, when the appeal was listed again, none appeared on behalf of the appellant and paper book was also not collected. Hence, the appeal was adjourned to 29.06.2018. The office note dated 22.06.2018 recorded that the counsel for the appellant collected the paper book. But, when the appeal was again listed on 29.06.2018, the counsel for the appellant failed to appear to argue the appeal. It was recorded in the order dated 29.06.2018 by this Court that since the appeal pertains to the year 2005, it was to be listed on 09.07.2018, high on board. Accordingly, this appeal was listed high on board for final hearing on 09.07.2018 and it continued on the list on 10.07.2018 and even today i.e. on 11.07.2018. But, upon the appeal being called out, again none has appeared on behalf of the appellant.