MOHAMMAD SAUMAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The 2 petitioners were accused in GR Case No. 225/89 of the Court of Judicial Magistrate, 1st Class, Rangia. By judgment dated 18-7-1991 the learned Judicial Magistrate convicted petitioner No. 1 (Md. Sauman Ali) under Section 147/324, IPC. He sentenced petitioner No. 1 to R.I. for 1 year under Section 147 and to R.I. for 1 year under Section 324. Both the sentences were to run concurrently. He sentenced petitioner No. 2 (Md. Samsuddin Ahmed) under Section 147 to R.I. for one year.

(2.) Against the said conviction and sentence the petitioners preferred Criminal Appeal No. 26/1991 in the Court of Sessions Judge, Gauhati and in that appeal the petitioners were on bail. On 17-7-1992 the Sessions Judge transferred the appeal to the file of Additional Sessions Judge, Gauhati who, thereafter, dismissed it on 22-2-1993 for non prosecution (i.e. for non appearance of the petitioner's advocate when the appeal was called for hearing).

(3.) After that the petitioner No. 2 was arrested on 3-12-1993 and put in jail. Then only the petitioners came to know that their appeal was dismissed for default of their advocate long back on 22-2-1993. On 8-12-1993 the petitioners filed application for restoration of the appeal. The Addl. Sessions Judge fixed 23-12-1993 for hearing it; but, as stated by Mr. B. M. Choudhury, learned counsel, the Addl. Sessions Judge rejected the prayer for bail of petitioner No. 2 on 14-12-1993 by saying that in view of Section 362, Cr. P. C. he could not review the order which he had passed on 22-2-1993. Because of this the petitioners apprehended that the restoration petition would also be rejected on 23-12-1993. Hence the petitioners have prematurely brought this revision.