ABDUL ALIF @ GUDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27.02.2001 passed by the learned Addl. Sessions Judge, Jharsuguda in S.T. Case No. 283/25 of 2000 convicting the appellant of the offence under Section 302/34 IPC and sentencing him to undergo imprisonment for life.

(2.) THE appeal was admitted on 30.04.2001 and Misc. Case No.157 of 2001, which was filed for grant of bail, was considered and by order dated 26.03.2002, the same was dismissed as not pressed. Thereafter, in Misc. Case No.162 of 2003, this Court considering the circumstances of the case, allowed the bail application and directed that during pendency of the appeal, the sentence passed against the appellant by the learned Addl. Sessions Judge, Jharsuguda in S.T.Case No. 283/25 of 2000 shall remain suspended and he shall be released on bail of Rs.10,000/ - with two sureties each for the like amount to the satisfaction of the trial court and accordingly disposed of the said Misc. Case. After the appellant was released on bail on 22.07.2004, the appeal was posted to 07.08.2013 for hearing but none appeared for the appellant. Therefore, this Court by order dated 07.08.2013 was constrained to direct to cancel the bail and apprehend the appellant for hearing of the appeal and directed to put up this matter on 14.08.2013. When the matter was taken up on 14.08.2013, none appeared for the appellant. Therefore, finding no way out, this Court taking into account the LCR and the contentions raised in the appeal memo, took up this matter for final disposal.

(3.) THE accused -appellant took the plea of innocence and denied the alleged occurrence and has stated that the case has been falsely foisted against him.