SHEO PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Sheo Prakash S/o Sheo Karan came to be convicted for offence punishable under Sections 148, 449, 341, 364, 342, 302/149, 323 and 324 Indian Penal Code, by the judgment dated 3,7.2003 passed by the learned Additional Sessions fudge (Fast Track), Sri Ganganagar in Sessions Case No. 67/2002. Being aggrieved by the same, he preferred an appeal, being D.B. Criminal Appeal No. 932/2003 (Sheo Prakash and Anr. Vs. State of Rajasthan)

(2.) By the order dated 6.2.2004 the sentence of accused-appellant Sheo Prakash was suspended as a temporary measure and he was required to surrender before the Superintendent, Central Jail, Sri Ganganagar on 16.3.2004. The accused-appellant Sheo Prakash failed to surrender on the day fixed, therefore, under an order dated 12.4.2004 the trial Court issued warrant of arrest. The appeal, then came up for haring before this Court on 26.8.2008. Looking to the fact that the appellant was absconding, the appeal was dismissed by adhering to the law laid down by Honourable Supreme Court in the case of R.N. Yadav Vs. State of Bihar, reported in AIR 1987 SC 1500 and a Division Bench judgment of this Court in Jakhir @ Raju Vs. State of Rajasthan (D.B. Criminal Appeal No. 186/1991, decided on 21.9.1995).

(3.) This application is preferred to re-call the aforesaid order and to hear the appeal on merits in view of the fact that the accused Sheo Prakash has already been arrested on 27.6.2009.