SOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application under Section 482 of the Criminal P. C on behalf of Sohan Lal whose appeal against his conviction of the offences under Section 5 (2) of the Prevention of Corruption Act and Section 161 of the Penal Code was dismissed by this Court on July 30, 1982, in the absence of his counsel and the State counsel as well. It has been prayed that the order dismissing the appeal should be recalled and the case should be re-heard. The dismissal by this Court was ordered on merits by a perusal of the whole of the relevant evidence.

(2.) THE appeal in question is No. 330-SB of 1980. It had previously been fixed for final hearing before K. S. Tiwana J. for all the period from April 19, 1932 to July 19, 1982. It had only come down from No. 9 to No. 5 in the list, as K. S. Tiwana J. , was for all this period sitting in a Division Bench, The need for a Single Bench list was only for supplying some work to his Lordship if on any day the Division Bench was to break. The case was again on the list of his Lordship for the fortnight from July 26, 1982 to Aug. 6, 1982. It had even been shown on the daily list for Aug. 2, and Aug. 3, 1982. Then it was mentioned in the list for August 4, 1982, that it had already been decided by this Court on July 30, 1982. It so happened that the case had also remained on the list pertaining to my Bench for the period from July 26, 1982, to August 6, 1982, and in this manner it having been taken up on July 30, 1982, was decided on that date.

(3.) THE real point for determination is whether the petitioner had a sufficient notice about the hearing of his case by me on the date it was decided.