AJAY VISHWANATH Vs. STATE

JUDGEMENT

(1.) THE Appellant " Ajay has been convicted for commission of an offence punishable under Section 394/34 read with section 397 of the Indian Penal Code and in this appeal the aforesaid conviction and sentence has been impugned.

(2.) DURING the pendency of this appeal, vide order dated 22nd November 1999, the appellant " Ajay was bailed out and when this appeal came up for final hearing on 27th March 2008, there was no appearance on behalf of the Appellant and accordingly, non bailable warrants were issued against him. Notice to sureties were also issued. As per order dated 15th May 2008, the Appellant is said to be the resident of Nepal.

(3.) MR. Amit Sharma, learned Additional Public Prosecutor has drawn the attention of this court to an order dated 1st August, 2008 passed by Division Bench of this court in case of Mukesh v. State in Criminal Appeal No. 186/1992 wherein power under Section 482 of the Cr. P. C. were exercised in dismissing the appeal for non-prosecution as in the afore cited case, the appellants were found to be deliberately not prosecuting their appeals.