Punjab-Haryana High Court
Davinder Singh @ Deepak @ Dev vs State Of Punjab on 16 May, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Crl. Appeal No.690-SB of 2002 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Appeal No.690-SB of 2002
Date of Decision: 16 - 5 - 2011
Davinder Singh @ Deepak @ Dev .....Appellant
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: None for the appellant.
Mr.J.S.Bhullar, AAG, Punjab.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The appellant was convicted for offence under Section 363 IPC by the Court of Additional Sessions Judge, Amritsar vide its judgment dated 1.12.2001 and vide a separate order of even date he was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.20,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for a period of three years.
Nobody had caused appearance for the appellant on 5.5.2010, 7.1.2011, 17.1.2011, 16.3.2011, 9.5.2011 and 13.5.2011. Even today also, nobody is present on behalf of the appellant.
Chief Judicial Magistrate, Amritsar was asked to issue notice to the appellant and his sureties to show cause as to why coercive action be not Crl. Appeal No.690-SB of 2002 [2] taken against them for not causing appearance on the dates when the appeal was taken up for hearing. Chief Judicial Magistrate, Amritsar has replied as under:-
"2. That as per the certificate of custody dated 21-4-2011 issued by the Superintendent, Central Jail, Amritsar, it has been reported that the above said accused/convict was awarded the sentence for a period of 7 years and fine of Rs.20,000/- and in default of payment of fine, further to undergo simple (sic- rigorous) imprisonment for a period of 3 years in Sessions Case No.89/99 (sic 133) dated 14-8-1999 (sic
- 2.11.1999) under Section 363, 366A, 376 IPC, P.S. Rajasansi vide judgment dated 1-12-2001 passed by the court of Sh.Amarjit Singh Katari, Additional Sessions Judge, Amritsar.
3. That the said convict has completed his sentence on 13- 8-2004 after getting the benefit available to him and he had paid the fine at the gate of the jail."
Counsel for the State has also filed an affidavit of Gursharan Singh Sidhu, P.P.S., Superintendent, Central Jail, Amritsar wherein it is stated that appellant was released from the jail on completion of sentence on 13.8.2004. This explains as to why nobody is causing appearance for the appellant. It can be safely inferred that the appellant has chosen not to contest the present appeal.
Thus, the present appeal is disposed of with liberty to the appellant to seek revival of the same, in case any grievance subsists.
( KANWALJIT SINGH AHLUWALIA ) May 16, 2011. JUDGE RC