Birsa Singh vs State Of Rajasthan
2022 Latest Caselaw 9061 Raj

(1 of 2) [CRLA-1122/2003]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 1122/2003

Bittu @ Jasvinder Singh And Ors

----Appellant Versus State

----Respondent Connected With D.B. Criminal Misc(Pet.) No. 1613/2022 Birsa Singh, S/o Nihal Singh, B/c Jat Sikh, R/o Marad Kalla, P.s. Bariyala, Dist. Mukatsar (Punjab).

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Ms. Kinjal Purohit For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment / Order

12/07/2022

Perusal of the order-sheets and the other material placed on

record indicates serious discrepancies regarding the accused

appellant Birsa Singh (appellant No.1). The Sessions Judge,

Sriganganagar forwarded a letter dated 25.01.2022 to this Court

as per which, the accused Birsa Singh failed to appear in that

Court for marking presence in the month of January, 2020 and

onwards. On the basis of this letter, bailable warrant was issued

against Birsa Singh vide order dated 02.03.2022 and was

(2 of 2) [CRLA-1122/2003]

forwarded to the Senior Superintendent of Police Mukatsar, Punjab

for service. On 27.04.2022, proceedings under Section 446 Cr.P.C.

were opened and notices were issued to the sureties.

Now an application for recalling the order dated 27.04.2022

has been moved by counsel Ms. Kinjal on behalf of the sureties. In

this application, it is mentioned that the accused Birsa Singh went

missing in the year 2015 and since then, he is not traceable.

Apparently thus, there is a grave discrepancy because the trial

court has reported that the accused Birsa Singh has stopped

marking presence before it from January, 2020 onwards whereas,

the sureties claim that Birsa Singh is missing since the year 2015.

Let a copy of this order be forwarded to the trial court and a

report be summoned as to whether Birsa Singh appeared before it

for marking presence between the year 2015-19 and if not, why

report was not forwarded by the trial court to the High court in

terms of the order of suspension of sentences.

Let a standing warrant of arrest be issued against Birsa

Singh and shall be forwarded to the Senior Superintendent of

Police, Mukatsar, Punjab, for ensuring execution thereof by the

next date of hearing.

Copy of this order shall also be forwarded to the Director

General of Police, Punjab for intimation through post and through

e-mail.

List on 30.08.2022 for receiving compliance report.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J 15-Sudhir Asopa/Prashant/-

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