ANWAR AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on the application under Sec. 5 of the Limitation Act. For the reasons mentioned in the application and in the interest of justice, the application is allowed and the delay of 515 days in filing the appeal is, condoned.

(2.) Learned counsel for the appellant prayed that since the appellant is lodged in civil jail this appeal be heard and decided at the admission stage. Considering the request of the counsel, to which learned PP. has no objection, I have heard the arguments for final disposal.

(3.) In short the facts giving rise to this appeal are that appellant Anwar Ahmed appeared as surety of one Gopal son of Kishan Lal Meena, resident of Malarana Chaud, PS. Bonli, District Sawai Madhopur in a case registered against him for offence under Sec. 8/21 NDPS Act. It seems that Gopal absconded during trial of the case. His bail bonds were forfeited and the trial court vide order dated 23.5.2002 directed to initiate proceedings under Sec. 446 Cr.PC. against accused Gopal as well as against the appellant. As the appellant failed to submit proper reply to the notice issued by the trial court and also failed to deposit the amount of surety bond, the trial court vide order dated 17.5.2003 imposed six months civil imprisonment. Pursuant to the order of trial court the appellant was produced in court and was sent to civil jail on 18.11.2004. Hence, the appellant has approached this Court by filing the instant appeal under Sec. 449 Cr.PC.