GUJJAR SINGH Vs. STATE

JUDGEMENT

(1.) Through the instant application, the applicant-Gujjar Singh S/o Chattar Singh R/o Dayala Chak, Tehsil Hira Nagar, District Jammu seeks recalling of the order darted 2nd of September, 2002 vide which his Criminal Appeal bearing No. 20 of 1990, admitted for final hearing was dismissed by the Division Bench of this court on 2nd of September, 2002 primarily on the ground that the sentence awarded to the applicant-appellant was remitted and he was released from jail, thus, lost interest in prosecuting the appeal. While disposing of the appeal, the Bench accepted the Criminal Reference No. 25 of 1990 sent by the learned Sessions judge, Kathua under Section 374 Cr. PC.

(2.) Heard Mr. Ashok Sharma, Advocate appearing vice Mr. Vidya Sagar, Advocate and perused the order sought to be recalled.

(3.) Mr. Sharma submits that may be by efflux of time the applicant-appellant was released from jail as his sentence was remitted, that by itself, could not be a ground to dismiss his main appeal against conviction without entering into the merits of case. He then submits that showing no interest in an admitted Criminal Appeal cannot be said to be a ground of dismissal. In such a situation, the same could be disposed of finally on merits even by engaging a counsel to defend the cause of the convict at the expenses of the State. It is virtually dismissal of appeal in default. The learned counsel then submits that even otherwise all the proceedings of the trial court were submitted to this court by the learned Sessions Judge under Section 374 Cr. PC for confirmation of the sentence, therefore, also the main appeal deserved to be disposed of on merits only and not in any other way. Hence this application.