BILBAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) When this appeal came up for hearing before us, the advocates at Jaipur and Jodhpur were on strike. This was an unusual situation. We were faced with three alternatives. First, we could have adjourned the appeal for hearing. The second course open to us was to peruse the record by ourselves and decide the appeal on merits. Third, we could have dismissed the appeal for non-prosecution.

(2.) Section 386 of the Code of Criminal Procedure, 1973 provides for hearing of appeals. This section reads as follows:

(3.) These observations and provisions of Section 386 of the Code of Criminal Procedure, 1973 were perhaps not brought to the notice of their Lordships of the apex Court, while in deciding Ram Naresh Yadav v. State of Bihar, AIR 1987 SC 1500, wherein their Lordships, made the following observations (Para 2) :