JUDGMENT

Abhay S. Oka, J.

The short issue involved in this appeal is whether an appeal against conviction filed by an accused under Sub-Section (2) of Section 374 of the Code of Criminal Procedure, 1973 (for short, “Cr. P.C.”) can be dismissed on the ground that the accused is absconding.

2. The appellant was 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. The maximum substantive sentence is of life imprisonment. Against the aforesaid judgment and order dated 04th September 2009 of conviction passed by the learned Additional Sessions Judge, Buxar in Sessions Trial No.338 of 2006, an appeal was preferred by the appellant before the High Court of Patna. On 29th October 2009, a Division Bench of the High Court admitted the appeal for hearing. When the application for suspension of sentence filed by the appellant came up before a Division Bench of the High Court, it was brought to the notice of the Court that the appellant was absconding. Thereafter, a non-bailable warrant was issued against the appellant. As the appellant was absconding, the Director General of Police announced a reward to the infor