Harshita Sharma
Published on: July 15, 2022 at 18:34 IST
A Division Bench comprising Justices Abhay S Oka and MM Sundresh while dismissing the appeal filed in the case of Dhananjay Rai @ Guddi Rai v. the State of Bihar remarked that “Appeal filed under section 374 of the Code of Criminal Procedure (CrPC) cannot be dismissed on the ground that the appellant has absconded.”
The Court reiterated the importance of the right to appeal in a court of law. Absconding during criminal proceedings is a gross abuse of the process of law. Hence, the appellant is said to have forfeited his right to appeal when he fled from custody.
The accused was convicted for offenses punishable by Sections 302 and 120B of the Indian Penal Code (IPC), as well as Section 27(1) of the Arms Act 1959. The Supreme Court opined that the Patna High Court’s decision to dismiss the appeal was not feasible and bad in law. Hence the High Court’s decision was set aside by the apex court.