DAUL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals have been filed by the accused Daul Singh for assailing the judgment dated 30.06.1993 passed by the learned Sessions Judge, Jodhpur in Sessions Case No.237/1992, whereby the accused appellant was convicted for the offence under Section 302 IPC and was sentenced to undergo life term imprisonment. D.B. Criminal Appeal No.330/1993 is a represented appeal, additionally, the accused forwarded another appeal from jail, which came to be registered as D.B. Criminal Appeal No.457/1993. The sentences awarded to the accused appellant were suspended by co-ordinate Division Bench of this court vide order dated 28.07.1995, by effect whereof, the accused was required to mark his presence in the trial court annually. By the order dated 12.01.1999, the accused was directed to remain present in this court on 20.04.1999. However, he failed to comply with the said direction, whereupon, the notice of cancellation of bail was issued to the accused and vide order dated 16.11.1999, the bail granted to the accused was cancelled and he was directed to be taken in custody. In furtherance of the said direction, the accused was re-arrested on 17.01.2000 and since then, he is in custody.

(2.) We are informed by the learned Public Prosecutor that the State Government has sanctioned permanent parole to the accused appellant, but owing to a strife with his family members, no one is ready to stand as surety on his behalf and thus, the accused continues to languish in jail.

(3.) Mr. B.S. Rathore, learned counsel, who filed the represented appeal on behalf of the accused-appellant, pleaded no instructions, upon which, we appointed Mr. Amardeep Lamba as Amicus Curiae to represent the accused in the jail appeal as well as the represented appeal.