Research › Search › Judgment

Jharkhand High Court · body

2016 DIGILAW 1628 (JHR)

Santosh Sahu v. State of Jharkhand

2016-12-01

H.C.MISHRA, S.N.PATHAK

body2016
ORDER : No one appears on behalf of the appellant since last several occasions. 1. The appellant has been convicted and sentenced for the offence under Sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act, in Sessions Trial No. 13 of 2010, by the learned Sessions Judge, Lohardaga. 2. After preferring this appeal, the appellant prayed for provisional bail on the ground of illness of his daughter and by order dated 14.10.2014 passed in I.A. No. 5372 of 2014, the appellant was granted provisional bail till 16.11.2014 for treatment of his daughter. The appellant did not surrender in the Court below. Thereafter, again another I.A. No. 5903 of 2014 was filed for extension of the provisional bail of the appellant. Order dated 20.11.2014 shows that false averments were made in the interlocutory applications and thereafter, counsel for the appellant wanted to withdraw I.A. No. 5903 of 2014, but it was not allowed to be withdrawn by this Court and a proceeding for contempt of Court was initiated against the father of the appellant, who had sworn the affidavits in the I.As. In spite of giving assurances to the Court to be present in the Court, neither the appellant nor the father of the appellant appeared in the Court and ultimately non-bailable warrant was issued against the father of the appellant, who was apprehended and produced in this Court and was proceeded against, by this Court for contempt, which now stands concluded by order dated 05.08.2015, in view of the imprisonment undergone by him. 3. The fact, however, remains that the appellant did not surrender in the Court below. Thereafter, counsel for the appellant also stopped from appearing in the case. Orders were passed by this Court for nabbing the appellant, but he could not be nabbed till date. It was informed that the appellant had joined the extremist group. By order dated 28.10.2015, the Director General of Police, State of Jharkhand, was directed to personally monitor the case and to ensure the nabbing of the appellant and to file counter-affidavit, pursuant to which, counter-affidavits have been filed by the Director General of Police, Jharkhand and also by the Superintendent of Police, Lohardaga, on behalf of the Director General of Police, giving the details of the steps taken by them for nabbing the appellant. The last affidavit has been filed on behalf of the Director General of Police, Jharkhand, by the Superintendent of Police, Lohardaga, on 05.08.2016 which also gives the details of the steps taken by the Police to nab the appellant, including the publication of notice for getting information about the appellant, for which reward has also been assured. The fact, however, remains that in spite of these efforts, the appellant could not be apprehended till date and it is stated that he is actively connected with the extremist group. Faced with this situation, we are of the considered view that in the backdrop of these facts, it is a fit case, in which this appeal should be dismissed on that ground alone. 4. Accordingly, this appeal stands dismissed and the Court below is directed to issue permanent warrant against the appellant. The Director General of Police, Jharkhand, and Superintendent of Police, Lohardaga, are also directed to continue to seriously pursue the efforts for apprehending the appellant and to produce him in the Court below for serving out the sentence. 5. Let the Lower Court Records be sent back forthwith along with the copy of this order. 6. Let the copies of this order be sent to the Director General of Police, Jharkhand, and Superintendent of Police, Lohardaga, for the needful. Appeal dismissed.