JUDGMENT

K. Ramaswamy, J.-Leave granted.

2. Despite issuance of non-bailable warrant and attachment of the properties, presence of the respondent could not be secured for executing the warrants as it was reported that his whereabouts were not known. Consequentially, as per the directions of the Court, the Legal Aid Committee assigned Shri S. K. Pasi to assist the Court as a counsel for the respondent. After hearing the counsel for the State and the respondent, we had reserved the judgment on January 30, 1996. However, on February 2, 1996, the respondent was brought and his counsel Shri Sushil Kumar Jain requested the Court to give an opportunity for hearing. Accordingly we heard the matter again. This case also indicates avoidance on the part of the people like the respondent to delay the disposal of the appeal in this Court. When the attempts were found to be unsuccessful, he made appearance in the Court which gave us an insight to adopt such appropriate procedure for securing presence for early disposal to avoid miscarriage of justice.

3. On June 21, 1984, PW.6, Station House Officer, Sodala Police Station in Jaipur, Rajasthan State had received a telephonic message, recorded under