The Supreme Court, remanding a matter back to Patna High Court (‘HC’), observed that “The anguish expressed by the Division Bench 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.”
The HC had dismissed an appeal filed under Section 374, which deals with appeals from conviction, of the Code of Criminal Procedure, 1973, by the accused, on the sole ground of absconding.
