Cr. A No. 161/2004. 1.12.2010Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. None for the respondent-convict. Bailable warrants after conviction order stood executed and Kishori Lal stood surety. Proceedings against surety Kishori Lal have been separated and registered as Cr.M.P (M) No. 1187/2010, dealt with accordingly on the separate file. Pursuant to the order dated 8.4.2004 passed by this Court, bonds for presence were filed by the convict before the learned trial Court. After execution of bailable warrants, the convict-respondent failed to put in appearance and is not traceable. The reasonable opportunity was granted by this court to hear the convict on the question of sentence, as per the judgment passed in Cr. A No. 161/2004 decided on 17.9.2010, by this Court. Thereafter he managed to avoid presence. He did not avail this opportunity. Against the above background, the convict- respondent is hereby sentenced to undergo imprisonment for a period of one year under Section 325 Indian Penal Code and to pay a fine of `2000/-. In default of payment of fine to further undergo rigorous imprisonment for a period of two months and for offence punishable under Section 323 Indian Penal Code, he is sentenced to undergo further -2- simple imprisonment for a period of one month and to pay a fine of `500/-. In default of payment of fine, he shall further undergo imprisonment for a period of ten days. Both these sentences shall run concurrently. Out of the fine amount 50% , if recovered, shall be paid to the complainant PW1 Rajnish Kumar. Learned trial Court shall take coercive step to procure the presence of the respondent-convict to serve out the sentence. The matter stands disposed of. Send down the records. December 1, 2010 (Surinder Singh),J (cm)