Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 16180 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 10930 of 2019
                                                 (KALU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-12-2022
                                Shri Rajesh Yadav, learned counsel for the appellant.

                                Shri Rajesh Joshi, learned Panel Lawyer for the respondent/State.

Heard on I.A. No. 1749/2022, which is an application for recalling the order dated 04.03.2020 whereby non-bailable warrant has been issued against the appellant.

Learned counsel for the appellant submits that vide order dated 30.12.2019, appellant's sentence was suspended and thereafter he has to appear before the Registry on 24.02.2020. But, he has gone to Gujarat for labour work, therefore, could not appeared before the Registry to mark his attendance. On 04.03.2020, non-bailable warrant has been issued against the appellant. Since non-appearance of the appellant was unintentional, therefore the order issuing non-bailable warrant against the appellant may be recalled.

After passing of the impugned judgment dated 07.11.2019, appellant's sentence was suspended by the trial Court and thereafter by this Court, but he

neither appeared before the trial Court nor before the Registry of this Court.

Hence, I.A. No. 14798/2022 for recalling of the order dated 04.03.2020 appears to be devoid of merits and is hereby rejected.

(SATYENDRA KUMAR SINGH) JUDGE

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Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/7/2022 11:24:51 AM