AKHILESH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) We see no justification to restore this appeal without imposing cost as although the appeal was running on the daily cause list and was called out repeatedly for hearing, no -one appeared. This Court, therefore, had dismissed the appeal with a direction to the Registry to communicate to the appellant to make alternative arrangement in place of the counsel who had failed to appear. Thereafter, this application for restoration has been filed. Although the criminal appeals are expected to be decided on merit, the same cannot be construed as license or incessant liberty to the counsel for the accused appellant to consistently disappear from the matter by compelling the respondent -Government Advocate/Public Prosecutor for the respondent -State to appear on each date and incur expenses on the litigation besides making the Court remain a helpless spectator to the consistent non -appearance of the counsel for the appellant. Hence, the application for restoration although is allowed in the interest of justice to the accused -appellant we deem it appropriate to impose exemplary cost of Rs. 2,500/ - (Rupees Two Thousand Five Hundred only) to be deposited in the Advocates' Welfare Fund within a period of two weeks and receipt thereof be produced in the Registry to that effect.