1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 149-150 OF 2021 (arising out of SLP(CRL.) No.1632-1633 OF 2021) (@ D. NO. 10193/2020) RAJURAI BHILARAI JAISWAL Appellant(s) VERSUS THE STATE OF GUJARAT Respondent(s) O R D E R Leave granted. We have heard learned counsel for parties. At the stage of issuing notice on 12.10.2020, we had observed as under: “Learned counsel for the petitioner submits that though the petitioner absconded during the period of furlough and did not surrender on 31 st March, 1998, his appeal was never examined on merits but was dismissed on this account alone on 22 nd May, 2008. While doing so, the Court had observed that when the petitioner surrenders to the jail authority or is arrested by the police, he shall be at liberty to prefer an application for revival of appeal. More than a decade passed till finally the police apprehended him on 26 th September, 2019 and the endeavor to get the appeal heard on merits has been rejected vide the impugned order dated 18 th December, 2019. It is the further submission of the learned counsel for the petitioner that the petitioner was a juvenile on the date of offence being less than 16 years old.” Learned counsel for the State submits that the impugned order has arisen because the appellant absconded for such an inordinate long period of time till he was apprehended.
2 Be that it may, we are of the view that keeping in mind that the appeal of the appellant was never heard on merits and on account of his failure to surrender after the period of furlough, the appeal had been dismissed on 22.05.2008 while observing that when he surrenders to jail authorities, he may be at liberty to revive the appeal, an appeal being a valuable statutory right, we are of the view it is in the fitness of things that the appeal should be heard on merits. In view of the aforesaid, we set aside the impugned order and restore the appeal to be heard on merits before the High Court. Learned counsel for the appellant makes a prayer that in the meantime, the appellant be enlarged on bail. In view of his conduct, we specifically reject this prayer. The appeals stand disposed of. .....................J. [SANJAY KISHAN KAUL] .....................J. [HRISHIKESH ROY] NEW DELHI; FEBRUARY 19, 2021.
3 ITEM NO.16 Court 8 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10193/2020 (Arising out of impugned final judgment and order dated 18-12-2019 in CRMA(R) No. 1/2019 and CRLMA No. 2/2019 passed by the High Court Of Gujarat At Ahmedabad) RAJURAI BHILARAI JAISWAL Petitioner(s) VERSUS THE STATE OF GUJARAT Respondent(s) IA No. 99512/2020 - EXEMPTION FROM CUSTODY CERTIFICATE) Date : 19-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Rajendra Prasad, Adv. Dr. Amardeep Gaur, Adv. For M/S. V. Maheshwari & Co., AOR For Respondent(s) Mr. Aniruddha P. Mayee, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeals stand disposed of. Pending application stands disposed of. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ [ Signed order is placed on the file ]
ITEM NO.19 Court 9 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10193/2020 (Arising out of impugned final judgment and order dated 18-12-2019 in CRMA(R) No. 1/2019 18-12-2019 in CRLMA No. 2/2019 passed by the High Court Of Gujarat At Ahmedabad) RAJURAI BHILARAI JAISWAL Petitioner(s) VERSUS THE STATE OF GUJARAT Respondent(s) (FOR ADMISSION and I.R. and IA No.99509/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.99508/2020-EXEMPTION FROM FILING O.T. and IA No.99512/2020-EXEMPTION FROM CUSTODY CERTIFICATE and IA No.99507/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 12-10-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Rajendra Prasad,Adv. Dr. Amardeep Gaur,Adv. For M/S. V. Maheshwari & Co., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing certified copy of the impugned judgment, exemption from filing official translation and application for permission to file additional documents/facts/annexures are allowed. Learned counsel for the petitioner submits that though the petitioner absconded during the period of furlough and did not surrender on 31 st March, 1998, his appeal was never examined on 1
merits but was dismissed on this account alone on 22 nd May, 2008. While doing so, the Court had observed that when the petitioner surrenders to the jail authority or is arrested by the police, he shall be at liberty to prefer an application for revival of appeal. More than a decade passed till finally the police apprehended him on 26 th September, 2019 and the endeavour to get the appeal heard on merits has been rejected vide the impugned order dated 18 th December, 2019. It is the further submission of the learned counsel for the petitioner that the petitioner was a juvenile on the date of offence being less than 16 years old. Issue notice returnable in four weeks. Dasti service in addition through the standing counsel for the State of Gujarat. (ANITA MALHOTRA) (ANITA RANI AHUJA) COURT MASTER ASSISTANT REGISTRAR 2