R/CR.A/237/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 237 of 2013
RAMESH MELABHAI RATHOD….Appellant(s)
Versus
STATE OF GUJARAT….Opponent(s)/Respondent(s)
Appearance:
HCLS COMMITTEE, ADVOCATE for the Appellant(s) No. 1
MADANSINGH O BAROD, ADVOCATE for the Appellant(s) No. 1
MR L.R. PUJARI, APP for the Opponent(s)/Respondent(s)No.1
CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 23/09/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)
1. Heard Mr. Madansingh O Barod, learned advocate
for the appellant and Mr. L.R. Pujari, learned
APP for the State.
2. This appeal is directed against the judgment and
order of conviction dated 14.12.2012 passed by
the learned Additional Sessions Judge, Gondal in
Sessions Case No. 8/12, whereby the appellant is
sentenced to undergo rigorous imprisonment for
life and to pay fine of Rs.25,000/ and in
default, 3 months’ imprisonment for the offence
punishable under section 376 of the IPC.
3. The record indicates that the appeal came to be
admitted by the Division Bench of this Court vide
order dated 18.03.2013. The learned APP has
submitted the jail remarks which clearly indicate
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R/CR.A/237/2013 ORDER
that the appellant is absconding since
15.08.2016. The jail remarks further indicate
that the appellant was enlarged on temporary bail
for 7 days by this Court vide order dated
05.05.2016 passed in Criminal Misc. Application
No.10495/16 and it further shows that the
appellant surrendered before the jail authorities
within time. The record also further indicates
that the appellant also filed two applications
for regular bail being Criminal Misc. Application
No.2144/13, which came to be dismissed vide order
dated 18.03.2013 and Criminal Misc. Application
No. 22607/15, which also were dismissed by this
Court vide order dated 15.12.2015. The jail
remarks further indicate that in between, the
appellant filed two applications for temporary
bail being Criminal Misc. Application No.8206/14,
which came to be dismissed vide order dated
11.06.2014 and thereafter, another application
for temporary bail being Criminal Misc.
Application No.17604/14 which came to be
dismissed vide order dated 11.11.2014. The jail
remarks further indicate that thereafter, the
appellant preferred Criminal Misc. Application
No.18058/16 for temporary bail through jail which
came to be granted and the appellantconvict was
ordered to be enlarged on temporary bail for 15
days from the date of his release on furnishing
bond in sum of Rs.5,000/to the satisfaction of
the jail authorities and on usual terms and
conditions vide order dated 26.07.2016. After
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R/CR.A/237/2013 ORDER
having been enlarged on temporary bail, the
applicant has not surrendered and he is
absconding since 15.08.2016. The jail record
also indicates that the offence is registered by
the jail authorities.
4. Mr. L.R. Pujari, learned APP, on instruction,
states that still the appellant is absconding.
5. Mr. Madansingh Barod, learned counsel appearing
for the appellant also states that he is not in
contact of the appellant at all.
6. Considering the facts of the appeal, the
appellant is convicted for offence under section
376 of the IPC which is a heinous and serious
offence and that too the prosecutrix is a 13 year
old girl who happens to be the niece of the
appellant himself.
7. In such fact situation, this Court is of the
opinion that the appellant who is the convict for
such a serious offence has no respect for the
Court and has jumped the bail which was granted
by this Court. The jail remarks also indicate
that all attempts to arrest him have failed and
therefore, in view of the above, considering the
decision of the Full Bench of this Court in the
case of Niraj Devnarayan Shukla vs. State of
Gujarat reported in 2015 (3) GLR 2442, more
particularly para 17 thereof, this Court is of
the opinion that in the facts and circumstances
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of this case, without entering into the merits of
the case, the present appeal is dismissed as this
Court is satisfied that though efforts have been
made, the appellant is not traced out and the
appellantaccused is absconding since 15.08.2016,
which amounts to showing total disrespect to the
judicial system and the present appeal is
dismissed. However, it is observed that if
subsequently, the appellantoriginal accused
convict surrenders or is arrested, he may file an
application for restoration for hearing the same
on merits. The investigating agency as well as
State is hereby directed to continue all efforts
to arrest the appellantconvict. It goes without
saying that this Court has not expressed any
opinion on merits and the same is dismissed on
the ground that the appellant is absconding since
more than one year.
8. With the above observations, the present appeal
stands dismissed with the aforesaid liberty.
(R.M.CHHAYA, J.)
(A.G.URAIZEE,J)
bjoy
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