Appeal against conviction filed by accused cannot be dismissed because he is absconding: Supreme Court

The Supreme Court on Thursday held that an appeal against conviction filed by an accused under Sub-Section (2) of Section 374 of the Code of Criminal Procedure, 1973 ('Cr. P.C.') cannot be dismissed on the ground that the accused is absconding.

With this view, the top court set aside the decision of a Division Bench of the Patna High Court whereby it had dismissed the appeal filed by a person convicted for the offences punishable under Sections 302 and 120B of the Indian Penal Code (IPC) and Section 27(1) of the Arms Act, 1959, without adverting to the merits of the appeal on the ground that the accused was absconding.

One Dhananjay Rai had filed an appeal before the High Court in 2009 against his conviction order passed by the Additional Sessions Judge, Buxar.

When Rai's application for suspension of sentence came up before a Division Bench it was brought to the notice of the Court that he was absconding. Thereafter, a non-bailable warrant was issued against him and the Director General of Police also announced a reward to the informant who could report Rai's whereabouts.

The High Court, while dismissing the appeal, held that though the remedy of an appeal is a valuable right, Rai forfeited his right to prefer an appeal the moment he escaped from the custody and flagrantly abused the process of law. High Court further held that such deliberate act on his part amounted to defiance of the criminal administration of justice.

A bench of Justice Abhay S Oka and Justice MM Sundresh held that although the anguish expressed by the Division Bench about the brazen action of absconding and defeating the administration of justice can be well understood, that was no ground to dismiss an appeal against conviction, which was already admitted for final hearing, for non-prosecution without adverting to merits.

"Since the appeal before the High Court is of the year 2009, the same will have to be heard expeditiously. If the appeal could not be heard within a reasonable time, in that event, the appellant will have to be granted a liberty to apply for suspension of sentence...", the Court ordered.

Also, considering the fact that the appeal was of the year 2009, Court opined that necessary priority deserved to be given to its disposal.

"We, therefore, request the High Court to ensure that appeal is disposed of as expeditiously as possible, preferably within a period of six months from today", added the top court.

Case Title: Dhananjay Rai @ Guddu Rai vs. State of Bihar