This Petition Is Filed Under ... vs Unknown
2023 Latest Caselaw 3417 AP

            HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.A. Nos.128, 173, 210 and 213 of 2016
                            PROCEEDING SHEET

Sl.     DATE                           ORDER                            OFFICE
No.                                                                      NOTE
8     13.07.2023

CMR, J & TRR, J I.A.No.1 of 2023 in Crl.A.No.128 of 2016 This petition is filed under Section 70(2) of Cr.P.C. to recall the N.B.W. that was issued against the petitioner.

The petitioner is the appellant in Crl.A.No.128 of 2016. The said appeal was filed challenging the judgment of conviction. He was convicted for the offence under Section 302 of I.P.C. and was sentenced to life imprisonment. While he was undergoing life imprisonment, he has filed a petition for grant of bail in terms of the parameters laid down in Batchu Rangarao and others v. State of A.P. [2016 (3) ALT (Criminal) 505 (A.P.] on the ground that he has been in jail for more than Five years after the date of conviction. In terms of the said judgment, bail was granted to him.

It is stated in the said judgment that when a bail was granted in terms of the said judgment, the appellant has to appear before the Court on the date of every hearing of the appeal. But he did not Sl. DATE ORDER OFFICE No. NOTE appear before this Court on any date of the hearing. As it is an old appeal of the year 2016, when the matter was listed before this Court for final hearing on 04.07.2023, the appellant did not attend the Court and his counsel also did not attend the Court. Therefore, this Court was unable to proceed with the hearing of the matter even though it is posted finally. As both the counsel and the appellant are also absent, the Court is left with no other option except to adjourn the matter. Therefore, N.B.W. was issued against him to secure his presence for the purpose of proceeding with hearing of the appeal, as he is not complying with the direction given in the judgment in appearing before this Court on each and every hearing date.

Now this petition is filed to recall the warrant on the ground that on 04.07.2023, he went to Tirumala on pilgrimage. We do not find it a valid ground for his absence on 04.07.2023. The proceeding sheet reveals that he is not at all attending the Court on any of the hearing dates. Therefore, it is clear case of flouting the terms of the judgment of Batchu Rangarao's case (referred supra). Unless his presence is secured, this Court cannot proceed with further hearing of the matter, therefore, this petition is dismissed.

 Sl.   DATE                         ORDER                       OFFICE
No.                                                             NOTE
                             Crl.A.No.128 of 2016

List on 27.07.2023, to which date, it was originally posted.

________ CMR,J

________ TRR,J Siva/Harin Sl. DATE ORDER OFFICE No. NOTE Sl. DATE ORDER OFFICE No. NOTE