Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—An accused by the name of Arvind Prakash was convicted under Section 302 of Indian Penal Code by the District & Sessions Judge, Etawah in Sessions Trial No. 324 of 1978 (State v. Arvind Prakash, P.S. Jaswant Nagar, district Etawah). The petitioner has averred that the conviction was maintained in a criminal appeal by this Court and the special leave petition against the judgment of the conviction and sentence was dismissed by the Supreme Court.

2. Since the accused was on bail, he was required to surrender to serve the sentence after the dismissal of the special leave petition. On 17 April 2003, the District & Sessions Judge directed that the convict must show-cause on 19 May 2003 as to why his bail bond be not forfeited. On 19 May 2003, the surety was furnished a period of one month for ensuring the presence of the accused who was absconding. Eventually, proceedings were initiated under Section 82/83 of the Code of Criminal Procedure, 1973. By an order dated 21 May 2003, the agricultural property to the extent of the share of the convict was attached by the Deputy Collector, Jaswant Nagar. On 23 June 2003, the Sessions Judg