Supreme Court · 2022 INSC 723 · Decided 14 July 2022
Dhananjay Rai @ Guddu Rai v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2022 INSC 723 · [2022] 6 S.C.R. 763
- Case number
- CRIMINAL APPEAL No. 803/2017
- Decided
- 14 July 2022
- Bench
- ABHAY S. OKA, M.M. SUNDRESH (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 27(1); CrPC Section 374(2), 374; Arms Act Section 27(1)
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 - 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
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