CRLA/428/2021
2022 Latest Caselaw 1761 UK

                      Office Notes,
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         Date                                             COURT'S OR JUDGES'S ORDERS
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      13.06.2022                        CRLA No. 428 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This proposed criminal appeal was fixed on 04.03.2022 for admission.

On the date fixed i.e. on 04.03.2022, none was present for the proposed appellant. Therefore, the proposed appeal was dismissed in non-prosecution.

Heard Mr. M. K. Ray with Mr. B.S. Koranga, learned counsel for the appellant and Mr. T.C. Agarwal, learned Deputy Advocate General for the State on the restoration application.

The learned counsel for the proposed appellant submitted that on 04.03.2022, the counsel for the appellant could not mark the case and due to the said reason, the counsel for the appellant could not appear before the Court. The said statement is supported by an affidavit.

The restoration application is not opposed by the State.

In the interest of justice, the Restoration Application (MCRC No.02 of 2022) is allowed. The order dated 04.03.2022 is recalled.

The present Criminal Appeal has been filed against the judgment dated 25.11.2021/26.11.2021, passed by the Additional Sessions Judge, Bageshwar in Sessions Trial No.10 of 2021, "State vs. Anil Kumar", whereby, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.10,000/- for the offence under Sections 304 of IPC. In default of payment of fine, appellant has been directed to undergo further additional rigorous imprisonment for a period of one month.

This Criminal Appeal is Admitted. The learned counsel for the State requested two weeks' time to file objection(s) to the Bail Application (IA No.01 of 2021).

List this case on 30.06.2022.

(Alok Kumar Verma, J.) 13.06.2022 Pant/