Himachal Pradesh High Court
Amit Jha vs . State Of H.P A/W Connected on 7 May, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Amit Jha vs. State of H.P a/w connected
matters.
.
Cr. Appeal Nos.116 of 2020, Cr.
Appeal No.117 of 2020 and Cr.
Appeal No. 130 of 2020
07.05.2024 Present:None for the appellants in Criminal Appeals No.116 and
130 of 2020.
Mr. Lakshay Thakur, Advocate, for the appellant in
Criminal Appeal No. 117 of 2020.
Mr. Baldev Negi, Additional Advocate General, for the
respondent/State in all the appeals.
Cr. Appeals No.116, 117 and 130 of 2020
Learned Additional Advocate General has placed on
record communication dated 22.04.2024 received from
Superintendent of Police, Kangra at Dharamshala, Himachal
Pradesh, whereby efforts made by respondent-State to trace
the appellant-Amit Jha (appellant in Criminal Appeal No.116 of
2020) and Tarsem Singh (appellant in Criminal Appeal No. 130
of 2020) have been narrated.
As a matter of fact, after conviction of all the accused
persons vide judgment dated 11.12.2019 passed in Sessions
Case No.11-G/VII/2016, all of them preferred separate three
appeals i.e. Criminal Appeal No.116 of 2020 titled as Amit Jha
versus State of H.P., Criminal Appeal No.117 of 2020 titled as
Balwan Singh versus State of H.P and Criminal Appeal No. 130
of 2020 titled as Tarsem Singh versus State of H.P. All of them
were duly represented by Advocate, however, during the
pendency of the appeals, learned counsel for appellants-Amit
Jha and Tarsem Singh informed that for want of instructions and
contact with the said appellants, they were not able to pursue
the appeals on behalf of those appellants.
.
During this period, both Amit Jha and Tarsem Singh
were temporarily released from jail on parole but they did not
return after expiry of the parole, whereafter, order was passed
by Co-ordinate Bench of this Court to take appropriate steps to
trace them.
Now, after making all out efforts with all means available
with the respondents, appellants-Amit Jha and Tarsem Singh
are not traceable. All three appeals i.e. Criminal Appeals
No.116, 117 and 130 of 2020 are arising out of the common
judgment and these appeals are to be decided after
appreciating the common material.
Learned counsel for appellant-Balwan Singh submits
that in absence of appellants-Amit Jha and Tarsem Singh,
appellant Balwan Singh is suffering for no fault on his part.
The appeals preferred by appellants-Amit Jha and
Tarsem Singh cannot be dismissed in default for non-
prosecution. These are to be heard on merit along with
connected appeal and to be decided accordingly.
In the aforesaid facts and circumstances, we are
constrained to appoint Ms.Anjali Soni Verma, Advocate and Mr.
Raju Ram Rahi, Advocate as Legal Aid Counsel for Amit Jha
and Tarsem Singh, respectively in the respective appeals
preferred by them and to contest these appeals as Legal Aid
Counsel on behalf of these two appellants. Secretary, High
Court Legal Services Committee is directed to take follow up
action.
.
Complete paper book be supplied by the Registry to the
learned counsel appointed to represent Amit Jha and Tarsem
Singh within a week.
Needless to say that concerned officers of respondent-
State are duty bound to take appropriate action including
registration of FIR for jumping over the parole by appellants-
Amit Jha and Tarsem Singh and, therefore, respondent/State is
directed to take all such necessary action required to be taken
in accordance with law against appellants-Amit Jha and Tarsem
Singh.
List these matters for hearing on 20.05.2024.
(Vivek Singh Thakur)
Judge
(Rakesh Kainthla)
Judge
7th May, 2024
(saurav pathania)
