IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.803-SB of 1997 Date of decision: 22nd February, 2010 Kuldip Singh … Appellant Versus State of Punjab … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. B.K. Sharma, Advocate Amicus Curiae, for the sureties. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On 16th February, 2010, this Court had passed the following order: “This Court had passed a detailed order on 18.1.2010. In pursuance of that order, Amar Singh and Avtar Singh, who stood as sureties for the appellant, have come present in this Court. They have stated that whereabouts of the appellant are not known to them. The appellant was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/-, for offence under Section 324 IPC. In default of payment of fine, to undergo rigorous imprisonment for six months. The Sessions Judge, Rupnagar, on 18.9.1997 passed the order releasing the appellant on bail under Section 389 Cr.P.C. to facilitate filing of the appeal. The order passed by the Sessions Judge, Rupnagar, releasing the appellant on bail, is reproduced as under:- Criminal Appeal No.803-SB of 1997 “The accused has been convicted under Section 324 IPC and sentenced to R.I. FOR one year along with fine of Rs.1,000/-, which is less than three years and fine has been deposited. The fine has been deposited by the accused and he intends to file appeal, so he is granted bail on his furnishing personal bonds in the sum of Rs.7,000/- with one surety in the like amount, to the satisfaction of this Court, for enabling him to file the appeal within one month. Bail bonds have been furnished which have been attested and accepted”. Mr. B.K. Sharma, Advocate, who is present on behalf of the sureties is appointed Amicus Curiae for Kuldip Singh, appellant, also. Mr.Sharma seeks time to inspect the record and argue the matter. His request is accepted. Case is posted for hearing on 22.2.2010.” Kuldip Singh appellant, who had filed present appeal, is not traceable after he was released on bail. Kuldip Singh has not been found by the Court of Chief Judicial Magistrate, who made various efforts to trace him. The orders passed by this Court on March 10, 2008; April 11, 2008 and January 18, 2010 could not secure presence of the appellant. Nobody is appearing on behalf of the appellant. Mr.B.K. Sharma, Advocate, who is representing sureties of the appellant, has also submitted that the sureties are not able to trace Kuldip Singh appellant. Learned counsel has further stated that his appearance as Amicus Curiae on behalf of the appellant may prejudice the rights of sureties. In these circumstances, this Court is of the view that the present appeal is liable to be disposed of for non-prosecution, with liberty to the appellant to revive the same as and when he is apprehended by the police to undergo his sentence. The Court of Sessions Judge, Roopnagar, who has released the appellant on bail on furnishing sureties, may 2 Criminal Appeal No.803-SB of 1997 proceed against the sureties in accordance with provisions of law. The Court of Sessions Judge, Roopnagar may also initiate proceedings to declare the appellant as proclaimed offender in accordance with provisions of law. Senior Superintendent of Police, Roopnagar shall make each and every attempt to arrest the appellant. Sessions Judge, Roopnagar shall monitor and ask for periodical reports from the Senior Superintendent of Police, Roopnagar. Disposed of for want of prosecution with liberty to revive the same as mentioned above. [KANWALJIT SINGH AHLUWALIA] JUDGE February 22, 2010 rps 3