VidhiSangh

Supreme Court of India · 14/07/2022

DHANANJAY RAI @ GUDDU RAI versus STATE OF BIHAR

[2022] 6 S.C.R. 763 · 2022 INSC 723

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The appellant was convicted of murder and sentenced to life imprisonment, and the Patna High Court admitted his appeal under Section 374(2) CrPC in 2009. When he was found to be absconding, the High Court dismissed the admitted appeal in 2015 without considering its merits, treating the absconding as forfeiting his right of appeal and consciously deviating from settled law. The Supreme Court set this aside. Under Sections 385 and 386 CrPC, once an appeal is not summarily dismissed the appellate court must call for the record and dispose of it on merits after scrutinising the evidence; the Code does not permit dismissal for non-prosecution (Bani Singh). The High Court rule requiring surrender applied only before admission. The appeal was remanded for hearing, preferably within six months, with liberty to seek suspension of sentence if not heard by then.

Issues

  1. Whether an appeal against conviction under Section 374(2) CrPC, already admitted for hearing, can be dismissed without adverting to the merits on the ground that the accused is absconding.

Provisions considered

Held

Result

Appeal partly allowed. The High Court's judgment of 25.08.2015 set aside and Criminal Appeal (DB) No. 936 of 2009 remanded to the Patna High Court for hearing in accordance with law, preferably within six months; if not heard within that time the appellant may apply for suspension of sentence.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 763.