JUDGMENT :

Order on Criminal Misc. Recall Application along with Delay Condonation Application

1. Heard Mr. Prakash Chandra Srivastava, learned counsel for the applicant/appellant and Mr. Jai Narain, learned A.G.A. for the respondent State.

2. The present application along with delay condonation application has been filed by the applicant/appellant under Section Section 528 of BNSS (corresponding Section 482 of Cr.P.C.) seeking recall of the judgment and order dated 17.3.2025, passed by this Court in Criminal Appeal No.1876 of 1983 whereby this Court has confirmed the conviction and sentence of the appellant.

3. The learned counsel for the appellant submits that the impugned judgment was passed in the absence of the appellant, treating him as an absconder despite the appeal being admitted and the applicant having been granted bail by this court.

4. Learned counsel for the appellant further submits that the appellant's counsel, Mr. G.P. Dixit, passed away a long time ago. Consequently, the appellant could not be informed about the hearing of the appeal and therefore was not properly represented. Although this court issued coercive measures against the appellant, he could not be informe