1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR CRIMINAL MISC. PETITION NO.829/2007 [STATE OF RAJ. VS. UDAI SINGH [ADMN,.] PS SAGWARA] IN CRIMINAL JAIL APPEAL NO.186/1991 [JAKIR @ RAJU VS. STATE OF RAJ. ] Date of order : 27.09.2010 HON'BLE MR.JUSTICE PRAKASH TATIA HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr. K.R.Bishnoi, PP Mr.Ratan Lal S.P. Doongarpur & Mr.Gopal Das Sub-Inspector PS Sagwara both present in person. ***** Accused appellant in Sessions Case No.51/1998 decided by the Court of Sessions, Doongarpur vide judgment dated 04.04.1991 was convicted for offence punishable under Sections 302 and 324 IPC and has been sentenced to undergo life imprisonment with a fine of Rs.1,100/- and in default thereof to undergo six months rigorous imprisonment and one years rigorous imprisonment for offence punishable under Section 324 IPC with a fine of Rs.500/- and in default thereof to undergo three months rigorous 2 imprisonment. The appellant preferred D.B. Criminal Jail Appeal No. 186/1991. In appeal the appellant sought temporary suspension of sentence for three weeks which was allowed by this Court vide order dated 12.09.1991. The appellant was required to surrender after expiry of such period of suspension of sentence but he did not surrender. On 10.01.1992, non-bailable warrant for arrest of the accused and notice to sureties were issued that why the surety bond be not forfeited. Accused could not be arrested for a long period and ultimately on 21.09.1995 D.B. Criminal Appeal No.186/1991, relying upon the judgment of Hon'ble Supreme Court delivered in the case of RN Yadav Vs. State of Bihar reported in AIR 1987 Supreme Court 1500, Division Bench of this Court dismissed the appeal of the appellant for non-prosecution. Therefore the appeal of the appellant already stands disposed of by the order dated 21.09.1995 passed in D.B. Criminal Appeal No.186/1991. Even after making all efforts for securing arrest of the accused appellant Jakir @ Kalu S/o Munnawar 3 Khan and taking proceedings under Sections 82 and 83 of the Cr.P.C. also, the accused appellant could not be arrested in last 15 years. The standing warrant as required by law has already been issued for arrest of the accused who was convicted by the trial court i.e. by the Court of Sessions Judge, Dungarpur vide judgment dated 04.04.1991. We have perused the efforts made by the police and even by the Superintendent of Police, Dungarpur and perused several orders passed in D.B. Criminal Misc. Petition No.829/2007, some of which are very detailed orders. It was apprehended that appellant may have left India and the police authorities were directed to find out the complete facts whether the appellant left India or not. In pursuance of the directions of this Court efforts were made by the police authorities and police officials have given progress reports after obtaining the information in relation to the apprehension that appellant may have left India. Enquiries were made from the passport details of persons of similar names like of accused but no definite information could be gathered as to reach to 4 conclusion that infact appellant left India. Since after dismissal of the appeal it is the duty of the trial court to monitor the arrest of the accused to serve the remaining sentence, therefore, we do not find any reason to keep this matter pending before this court as it is a proceeding of execution of the judgment and order passed by the trial court i.e., the judgment and order passed in Sessions Case No.51/198. Therefore, we dispose of this D.B. Criminal Misc. Petition 829/2007 with a direction to the trial court to monitor the execution of the judgment and order dated 04.04.1995 passed in Sessions Case no.51/1998 in accordance with law and in case the accused is produced before that court or information regarding arrest of accused is furnished to the trial court, the same be forward to this Court for taking on record in D.B. Criminal Misc. Petition No.829/2007 as well as in D.B. Criminal Appeal No.186/1991. We expect that the police authorities will make all efforts to arrest the accused for his serving the remaining sentence. 5 With these observations, the misc. petition is disposed of. Copy of this order be sent to the trial court forthwith. (KAILASH CHANDRA JOSHI ), J. (PRAKASH TATIA), J. /mamta/