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[Cites 2, Cited by 0]

Himachal Pradesh High Court

State Of H.P. vs . Govind Nath & Ors. on 4 October, 2023

Author: Sushil Kukreja

Bench: Sushil Kukreja

State of H.P. vs. Govind Nath & Ors.

.

Cr. Appeal No. 179 of 2020 04.10.2023 Present: Mr. Jitender Kumar Sharma, Additional Advocate General, for the appellant.

Ms. Rekha Bansal, Advocate, vice Mr. K.B. Khajuria, Advocate, for respondents No.1 and 2.

of Cr.MP No. 3708 of 2023 The present application has been filed by the appellant-State rtfor declaring respondent No.3-Jai Pal as proclaimed offender. Respondent No.3/accused was convicted by the Court of learned Special Judge Chamba, vide judgment of conviction and order of sentence dated 01.11.2019, for possessing 518 grams of Charas/Cannabis and was sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 5,000/-. Thereafter, the State filed the present appeal under Section 377 of the Code of Criminal Procedure for enhancement of sentence against the aforesaid judgment of conviction and order of sentence dated 01.11.2019.

As per the appellant/State, during the pendency of the appeal, various attempts have been made to serve respondent No.3-accused, however, he could not be served as he is evading his appearance before this Court.

I have heard learned Additional Advocate General for the appellant and also gone through the material available on record.

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Perusal of the record reveals that the non-bailable .

warrant (NBW) issued against respondent No.3-accused at his permanent address has been received back unexecuted with the report that he has not come to the village for the last 3 to 4 months and his whereabouts are not known. Thus, there are sufficient of reasons to believe that the respondent No.3-accused has absconded in order to evade his appearance before this Court.

rt Therefore, let proclamation be issued in terms of Section 82, Cr.

P.C., requiring the presence of respondent No.3-accused before this Court for 07.12.2023, on taking steps within a period of five days.





                                                 (Sushil Kukreja)
      October 04, 2023                                 Judge





            (subhash)





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