Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.374(2) – Appellant convicted u/ss.302 and 120B of IPC and s.27(1) of the Arms Act 1959 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remitted Back |
Headnote | Code of Criminal Procedure, 1973 – s.374(2) – Appellant convicted u/ss. 302 and 120B of IPC and s.27(1) of the Arms Act, 1959 – He preferred appeal – High Court of Patna admitted the appeal for hearing – Meanwhile, appellant went absconding – High Court dismissed the appeal without adverting to merits on ground that appellant was absconding – Whether an appeal against conviction filed by an accused u/sub-section (2) of s.374 CrPC can be dismissed on ground that the accused was absconding – Held: The law does not envisage dismissal of appeal for default or non prosecution but only contemplates disposal on merits after perusal of the record – In the present case, the High Court had relied upon an earlier High Court decision based on r.8 of Chapter XII of the Patna High Court Rules which predicates that no appeal against conviction shall be heard for admission unless the accused has surrendered to the order of the Court below convicting him to a sentence of imprisonment except in a case where the appellant has been released on bail by the trial court after convicting him – In the case in hand, a non-bailable warrant was issued against the appellant and his appeal was already admitted – Therefore, the said rule, which applies to pre-admission stage, was not applicable in this case – Anguish expressed by High Court about the brazen action of the appellant of absconding and defeating the administration of justice can be well understood – However, that is no ground to dismiss an appeal against conviction, which was already admitted for final hearing, for non-prosecution without adverting to merits – Appeal remanded to High Court for consideration on merits – Patna High Court Rules – Chapter XII, Rule 8. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2022 INSC 723 |
Petitioner | Dhananjay Rai @ Guddu Rai |
Respondent | State Of Bihar |
SCR | [2022] 6 S.C.R. 763 |
Judgement Date | 2022-07-14 |
Case Number | 803 |
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