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Judgment
7 paragraphs · 163 wordsLeave granted.
It cannot be disputed before us, as is apparent from the impugned order, that the appellant has been sentenced in absentia on the ground that the appellants have failed to enter appearance, despite service of notice.
The only question raised before us is that even in the absence of the accused, the Court ought to have appointed a counsel to assist the Court on behalf of the accused and thereafter ought to have proceeded to judgment.
We accept the aforesaid submission, which is not opposed by the respondent - State. As a result thereof, the impugned order is set aside and the matter is remitted back to the High Court.
The High Court may determine the matter afresh and in case, still no one appears for the accused, an amicus curiae may be appointed on behalf of the accused.
The appeal is, accordingly, allowed.
The appellants, who are in custody as a result of the conviction, in appeal, be released forthwith.