ORDER

% 21.05.2024

1. The present appeal was taken up for final hearing on the last date i.e. 13.03.2024. However, since no one was present, notice of appearance was directed to be issued against the appellant, his surety as well as counsel.

2. Learned counsel appearing on behalf of the appellant submits that he has no instructions.

3. As per Office Note dated 21.05.2024, notice issued to the appellant has been received back with the report ‘no person of such name residing at the given address’. Notice issued to the surety has been received back with the report ‘unserved (the person expired)’.

4. The respondent – State has placed on record copy of report dated 14.05.2024 under signatures Head Constable Naveen, wherein it is stated that surety- Ajay Sarna, who was residing at House No.3131, Aryapura, Subzi Mandi, Delhi had shifted in the year 2013. Upon further investigation, his daughter has revealed that surety expired on 23.04.2016 and his death certificate is also enclosed.

5. In the light of above, no order is required to be passed in respect of Surety of appellant.

6. Since the present appeal pertains to the year 2002 and whereabouts of appellant are not known, we hereby appoint Mr.Sumeet Verma (M:

9811216076), as Amicus Curiae to argue the appeal on behalf of the appellant.

7. Re-notify on 07.08.2024 for final hearing.

8. Registry is directed to prepare e-paper book of trial court record, bookmark it and furnish a copy thereof to learned counsel for the parties, within 02 weeks.

9. Parties are directed to file written submissions, not exceeding five pages, with relevant judgments/documents relied upon in support of their case, with relevant portions duly highlighted for the convenience of this Court, within 04 weeks; with advance copies to the counsel opposite.

SURESH KUMAR KAIT, J MANOJ JAIN, J MAY 21, 2024/uk CRL.A. 1000/2002