SB Cr. Misc. Petition No.546/2005 Nanda Vs. State of Rajasthan 1 S.B. Cr. Misc. Petition No.546/2005 Nanda vs State of Rajasthan DATE OF ORDER : - 9.7.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.PN Mohanani, for the petitioner. Mr.VR Mehta, Public Prosecutor. <><><> For alleged offence committed on 24th Oct., 1979, the trial concluded in Sessions Case No.25/80 (53/80) by judgment and order dated 16th Oct., 1980 whereby the petitioner was convicted under Section 394 IPC and has been sentenced to undergo two years RI with fine of Rs.1,000/- and in default thereof to undergo three months's RI. The petitioner being aggrieved against the above judgment and order preferred SB Cr. Appeal No.715/1980, which was admitted on 3rd Nov., 1980 and came up for hearing before the Bench on 25th July, 1996. The appeal was dismissed for non- prosecution as learned counsel for the appellant did not appear even in second round and even when court tried to contact the advocate through Jamadar, the Jamadar could not found the learned Advocate. SB Cr. Misc. Petition No.546/2005 Nanda Vs. State of Rajasthan 2 In view of the dismissal of the regular appeal against conviction and sentence regular first appeal was dismissed for non-prosecution on 25th July, 1996, therefore, the petitioner preferred this misc. petition under Section 482 Cr.P.C. and submitted that petitioner's appeal was dismissed for non-prosecution and not on merits and peculiar fact is that according to petitioner he was of the age of 18 years at the time of alleged commission of offence and, therefore, the appellate court should have released the petitioner on probation or should have reduced the sentence, if conviction is upheld. It is submitted by learned counsel for the petitioner that in view of the judgment of the Hon'ble Apex Court delivered in the case of Bani Singh Vs. State of UP reported in AIR 1996 SC 2439 and which was followed by the Allhabad High Court in the case of Mewalal Vs. State of UP reported in 2003 Cr. Law Journal 675, the appeal of the appellant-petitioner may be restored and may be heard. In view of the facts mentioned above that in a case of 1979 and in case where the conviction judgment was passed in the year 1980, the appeal was admitted in the year 1980 and was dismissed in SB Cr. Misc. Petition No.546/2005 Nanda Vs. State of Rajasthan 3 the year 1996 that too for non-appearance of counsel, this Court is of the view that appellant deserves to be given opportunity of hearing in appeal looking to his age at the time when the offence alleged to have been committed and looking to other circumstances. In view of the above, this petition filed under Section 482 Cr.P.C. is allowed. The order of dismissal of appeal dated 25th July, 1996 is recalled. The SB Cr. Appeal No.715/1980 is restored to its original number. Since the appeal is very old one and may be oldest one, therefore, the appeal be listed for hearing before the regular bench forthwith. (PRAKASH TATIA), J. c.p.Goyal/-