KING PAUL SINGH Vs. STATE OF J AND K
LAWS(J&K)-1993-2-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 26,1993

KING PAUL SINGH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

SHYAM DEO PANDEY VS. STATE OF BIHAR [REFFERE TO 2.]
RAM NARESH YADAV OTHERS VS. STATE OF BIHAR [REFFERE TO]


JUDGEMENT

B.A.Khan, J. - (1.)Can a criminal appeal be decided on merits in the absence of the appellant or his counsel? The interesting question arises in this revision petition which is entertained after condoning delay in its filing.
(2.)Petitioner was convicted under section 234, R.P.C. and sentenced to undergo six months simple imprisonment. He filed an appeal before Ld. 1st AddI. Sessions Judge, Jammu way back in 1983 which remained pending all these years and was disposed of on merits ultimately on August 8, 1987. The court affirmed the conviction and pursuant thereto petitioner was arrested and is presently undergoing the sentence. He has filed this revision petition to challenge the impugned order and asserts that appellate court could not have decided his appeal on merits in his absence or in the absence of his counsel. He prays for setting aside of the order under revision and rehearing of the appeal on merits.
(3.)Ordinarily it should not have been difficult to direct the re-hearing of the matter, but the matter assume importance in view of somewhat conflicting pronouncements by the Supreme Court on the point and also the current scenario of administration of criminal justice.


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