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18.12.10

CCIS: 1812 HC asks CP to file affidavit on 'missing petitioner'

The Nagpur bench of Bombay High Court has asked the Nagpur police commissioner to file an affidavit within a week on the whereabouts of a murder convict, who has been untraceable since last 14 years. Interestingly, the division bench comprising justices Ambadas Joshi and AR Joshi gave these directions while hearing a case filed by the convict himself, challenging the lifer awarded to him for murder and attempted robbery by the Nagpur sessions court.

Counsel for convict Rajendra Daga expressed his inability to present his client in court. According to him, his client Amit Mishra, who used to take home tuitions, had allegedly murdered an old woman at Kinkhede Layout in Civil Lines on May 10, 1993. He was subsequently charge-sheeted under Section 302 and 397 of IPC and pronounced guilty by the sessions court on June 5, 1996.

Two days later he appealed for grant of bail in the Nagpur bench, which suspended his sentence till pendency of plea. He was also granted bail on two sureties of Rs 10,000 each. However, the court barred him from entering the city police commissioner's jurisdiction and was told to give attendance at Kanhan police station every Sunday.

Mishra's appeal came for final hearing 10 years after filing, in 2007. However, the Kolkata-based convict was found untraceable. He failed to even maintain contact with his counsel. On August 27, 2007, the court issued non-bailable warrant (NBW) and also issued notice to police to produce him. Again on November 21, 2008, the court issued standing NBW which means that the warrant will continue till the convict is traced.

Finally, with police failing to trace him over two years, the HC asked the CP to file an affidavit about the efforts taken to catch the convict and execute the NBW against him.
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