MD. SALIM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The sole appellant, Md. Salim had preferred this appeal in term of Sections 374(2) read with 389 of the Cr.P.C . being aggrieved and dissatisfied with the judgment of conviction dated 22.01.2007 and order of sentence dated 25.01.2007, passed by learned District & Sessions Judge, Dumka, in Sessions Trial No.58/2004, whereby and whereunder the appellant was held guilty for the offence under Section 324 of the IPC and sentenced to him undergo Rigorous Imprisonment for 01 year.

(3.) The present appeal was filed on 14.02.2007 and the appeal was admitted vide order dated 21.02.2007 and on the same day provisional bail granted to the appellant by the court below was affirmed. LCR was called for, which has been received and kept on record. Thereafter matter was listed on 28.01.2019 after a period of 12 years and a report was called for as to whether appellant is dead or alive. The required report has been received which reveals that the appellant is alive. Further, vide order dated 29.04.2019 this criminal appeal was dismissed for non-prosecution thereafter Cr.M.P. No.1381 of 2019 has been filed and the same has been allowed vide order dated 14.06.2019 and criminal appeal restored to its original file.