RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Criminal Miscellaneous Application for condonation of delay of 108 days in filing the appeal and the appeal are being disposed of by this common order. Criminal case titled " State Versus Suraj Bhan and others (total 16 accused)" arising out of FIR No. 1090, dated 01.12.2011, registered at Police Station, City, Hansi, under Sections 147, 148, 307, 323, 427, 448 read with Section 149, IPC, and Section 25 and 27 of the Arms Act, was pending adjudication before the learned Additional Sessions Judge, Hisar.

(2.) ACCUSED Rakesh, Pawan and Mahesh did not appear on the date fixed before the learned trial court, therefore, their bail was cancelled and non -bailable warrants were ordered to be issued for securing their presence. Even notices were issued for securing the presence of the sureties of the accused who did not appear.

(3.) LEARNED counsel for the appellant submits that accused Pawan Kumar had absented on 04.03.2013 and, thereafter, he was arrested in some other case on 24.06.2013, therefore, Pawan Kumar failed to appear before the learned trial court on each and every date of hearing and as such, there was no bad intention on the part of Pawan Kumar for not appearing before the learned trial court. The appellant as soon as came to know that Pawan Kumar was arrested in some other case, therefore, he thought that the police would produce him before the learned trial court in this case also, therefore, the appellant did not appear before the learned trial court. He further submits that the amount of penalty imposed by the learned trial court is on higher side. He also prayed for condonation of delay of 108 days in filing the present appeal on the ground that the appellant was not aware of passing of the impugned order.