DHANANJAY RAI @ GUDDU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The short issue involved in this appeal is whether an appeal against conviction filed by an accused under Sub-Sec. (2) of Sec. 374 of the Code of Criminal Procedure, 1973 (for short,' Cr.P.C.') can be dismissed on the ground that the accused is absconding.

(2.) The appellant was convicted for the offences punishable under Sec. s 302 and 120B of the Indian Penal Code (IPC) and Sec. 27(1) of the Arms Act, 1959. The maximum substantive sentence is of life imprisonment. Against the aforesaid judgment and order dtd. 4/9/2009 of conviction passed by the learned Additional Sessions Judge, Buxar in Sessions Trial No.338 of 2006, an appeal was preferred by the appellant before the High Court of Patna. On 29/10/2009, a Division Bench of the High Court admitted the appeal for hearing. When the application for suspension of sentence filed by the appellant came up before a Division Bench of the High Court, it was brought to the notice of the Court that the appellant was absconding. Thereafter, a non-bailable warrant was issued against the appellant. As the appellant was absconding, the Director General of Police announced a reward to the informant who could report the whereabouts of the appellant.

(3.) By the impugned judgment and order dtd. 25/8/2015, a Division Bench of the High Court of Patna dismissed the appeal without adverting to the merits of the appeal on the ground that the appellant was absconding.