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CASE NO.: Appeal (crl.)  1166 of 2006

PETITIONER: Satin Chandra Pegu

RESPONDENT: State of Assam

DATE OF JUDGMENT: 15/11/2006

BENCH: ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT: J U D G M E N T (Arising out of SLP (CRL.) No.4590 of 2006)

ARIJIT PASAYAT, J.

       Leave granted.

       Challenge in this Appeal is to the order of a learned  Single Judge of the Guwahati High Court dismissing the  Criminal Revision filed by the appellant.   

The background facts in a nutshell are as follows:

       The appellant was convicted for an offence punishable  under Section 409 of the Indian Penal Code, 1860 (in short the  ’IPC’) by learned sub-Divisional Judicial Magistrate, Jonai.   The allegation against the appellant was that he had mis- appropriated a sum of Rs.91,006/-. While taking over charge  as Deputy Inspector of Schools on 12.11.1991, he had  received cash amounting to Rs.91,796/-, as per the accounts  maintained. When the cash was physically verified only  Rs.790/-was found, and it was, therefore, inferred that he had  committed misappropriation of cash.  He faced trial for alleged  commission of offence punishable under Section 409 IPC.  Questioning his conviction and sentence of two years with fine  as imposed by the trial Court, an appeal was filed before the  Sessions Court. Learned Sessions Judge, Dhemaji dismissed  the Criminal appeal upholding the conviction and the sentence  imposed. A Criminal Revision in terms of Section 397  read  with Section 401 and Section 482 of the Code of Criminal  Procedure, 1973 (in short the ’Cr.P.C.’) was filed.  When the  matter was taken up on 12.5.2006, none appeared for the  petitioner. Therefore, learned Single Judge dismissed the  revision petition after hearing learned counsel for the State.

        In support of the appeal, learned counsel for the  appellant submitted that learned counsel who was appearing  for the appellant in the High Court had been appointed as a  counsel for the State and, therefore, could not have appeared  for the appellant.  Unfortunately, this position was not  brought to the notice of the appellant and, therefore, the  appellant should not be made to suffer.  It is pointed out that  the appellant has always pursued the remedies and there was

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never any negligence on his part.

       In response, learned counsel for the State submitted that  though the appellant had not been represented by a counsel,  learned Single Judge elaborately dealt with the factual and  legal position after hearing learned counsel for the State and  perusing the records.   

       It has not been disputed that the learned counsel who  was appearing for the appellant in the Criminal Revision had  been appointed as a counsel for the State and could not have  appeared for the appellant.  There is also no material to show  that the appellant after having knowledge of such appointment  of his counsel failed to appoint another lawyer to conduct the  case before the High Court.   

In view of this peculiar circumstances, it would be in the  interest of justice to set aside the impugned order of the High  Court and remit the matter to it for fresh hearing.  To avoid  unnecessary delay, we direct that the matter shall be listed  before an appropriate Bench on 11.12.2006 and learned Chief  Justice of the High Court shall pass necessary orders in that  regard. It is undertaken by learned counsel for the appellant  that another counsel shall be engaged to appear for the  appellant before the High Court before the aforesaid date.   Since the matter was pending before the High Court for nearly  seven years, we request the High Court to explore the  possibility of disposal of the Criminal Revision as early as  practicable. Learned counsel for the appellant stated that an  application for bail shall be filed before the High Court.   Needless to say that if such application is filed, the same shall  be dealt with in accordance with law.   

The appeal is disposed of accordingly. 28268