Today, appellant, ori.
Accused - Sanjay @ Bhuriyo Ishwarbhai, who is absconder could not be traced out by the agency.
On 3.9.2010 this Court has passed the following order :-
"The appeal is admitted on 18.09.2007 by this Court [Coram: C. K. Buch,J. ]. This appeal is listed on board for 50 times. The appellant accused has been convicted and sentenced to undergo R/I for seven years and to pay fine of Rs.5,000/- and in default, to undergo further R/I for one year for the offence punishable under Sections 397 r/w. Section 394 of the Indian Penal Code.
Mr.Parikh, learned APP for the respondent - State has tendered jail report. Looking to the report of the jail authority, it appears that vide order dated 26.10.2007, the accused was released on temporary bail. However, he has not surrendered in time before the Jail Authority i.e. on 24.04.2008 and absconded from 24.04.2008 till today, and he is not traced out by the police. From the perusal of the charge and judgment and order, it appears that the present appellant is convicted and sentenced for the offences punishable under Sections 504, 342, 394 and 397 of the Indian Penal Code, which is serious in nature. A complaint was also registered before Sabarmati Police Station under Section 51(1) of the Prison Act vide letter No.4448/2008 date d12.05.2008, but till date, the appellant is not traced out.
In view of the above, P.I., Sabarmati Police Station and D.S.P., Bhavnagar are directed to verify the judgment and order of Sessions Case No.111 of 2004 dated 06.08.2005 passed by Presiding Officer, Fast Track Court No.1, Bhavnagar and to trace out the absconder accused and report to this Court on or before 20.09.2010. It is observed in para-5 of the order dated 11.10.2007 passed by this Court in Criminal Misc. Application No.7633 of 2007, which reads as under.
5. So having considered the totality of facts and circumstances of case, including the fact the amount of fine has been paid, the present application is hereby partly allowed. The applicant-orig.convict is hereby ordered to be released on temporary bail for a period of six months from the date of his release on his furnishing a solvent surety of Rs.10,000/- (Rupees Ten Thousand only) and a personal bond of the like amount on usual conditions. In the meanwhile, the substantive sentence is hereby placed under suspension.........
In view of the aforesaid observation, issue notice to the solvent surety through Sessions Court, Bhavnagar in connection with Sessions Case No.111 of 2004."
The warrant which is issued against the present appellant - accused is not served. Therefore, now fresh non-bailable warrant is required to be issued against present appellant - accused. The District Superintendent of Police, Bhavnagar, is directed to serve non-bailable warrant through some officer not below the rank of Police Sub-Inspector or through proper squad. The District Superintendent of Police is directed to take proper action to serve non-bailable warrant.
S.O. to 16.4.2012.
(Z. K. SAIYED, J.) kks Top