1 D.B. Cr. Misc. Petition No.631/2006 in D.B. Cr. Appeal No.91/1997 State vs Ghasi Ram DATE OF ORDER : - 23.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. SANGEET LODHA, J. Mr. VR Mehta, PP Mr.RS Choudahry, for the sureties. <><><> On 26th April, 2006 order was passed by this Court for issuing arrest warrant against the appellant Ghasi Ram. This court further directed to issue notice to the sureties as to why surety amount be not recovered from them. Notices were made returnable within eight weeks. In pursuance of the order dated 26th April, 2006 it appears that this D.B. Cr. Misc. Petition 631/2006 was constituted on 5th May,2006. After more than two years, this file has been listed in court for the first time today. There is no reason mentioned why the file was not listed before the Division Bench of this Court in last two years. As per the order of this Court dated 26th April, 2006 direction was given to issue arrest warrant for arrest of the appellant Ghasi Ram and further to issue notice to the 2 sureties for producing the appellant Ghasi Ram before this Court and notices as to why surety amount be not recovered from them (sureties). As per the report lastly appended in the order-sheet the office was knowing it well that accused appellant Ghasi Ram is also enlarged on bail. Obviously that report must have been after looking to the order of this Court dated 3rd July, 2006 passed in main D.B. Cr. Appeal No.91/1997 as well as the appellant's marking of presence before this Court on 11th Sept., 2006. The matter may be looked into by the Registrar General, Rajasthan High Court, Jodhpur why the file was not listed in court in two years in pursuance of the order of this Court dated 26th April, 2006 even when as per the office report, the file was constituted as back as on 5th May, 2006. The notice was issued to the sureties for producing the appellant Ghasi Ram who has already put in appearance and obtained the bail vide order dated 3rd July, 2006 and, thereafter, marked his presence before this Court on 11th Sept., 2006, therefore, nothing survives in this misc. petition no.631/2006. Hence, this misc. petition is dismissed with above observations. Office is directed to place the copy of this 3 order before the Registrar General, Rajasthan High Court, Jodhpur for appropriate action. (SANGEET LODHA), J. (PRAKASH TATIA), J. cpgoyal/-