Ashok Parihar, J. - (1.) A short grievance has been made by the accused petitioner that the appellate court has dismissed his appeal on merits vide order dated 5.4.2002 without giving the opportunity of hearing to the accused petitioner or his counsel. Reliance has been placed on a judgment of the Supreme Court in the case of Ram Naresh Yadav and others v. State of Bihar, reported in AIR 1987 (SC) page 1500 .
(2.) After having considered the facts of the present case, the order dated 5.4.2002, passed by the appellate court i.e. Special Court (Communal Riots & Man Singh Murder Case), Jaipur Rajasthan) is quashed and set aside. The matter is remanded back to the court concerned to decide the appeal filed by the accused petitioner against the order of conviction dated 29.6.1998 afresh on merits after hearing counsel for the accused petitioner. The counsel for the accused petitioner will submit the certified copy of this order before the court concerned within the thirty days and get a date fixed by the court concerned for hearing of the appeal. The counsel for the accused petitioner further under takes not to seek any adjournment for hearing of the appeal. The petition stands disposed of. Petition disposed of accordingly.;