This appeal, pre­ferred by the appellant under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as CrPC), is di­rected against the judgment and order dated 6.5.1997 passed by II Additional Ses­sions Judge/Dehradun in Special Sessions Trial No. 12 of 1994/ State v. Dileep and an-atlier, whereby the accused appellants have been convicted under section 452/323/34 of the Indian Penal Code, 1860 (for short, IPC) and in place of sentence, the accused appellants were directed to be released on probation for a period of two years on fur­nishing a personal bond or Rs. 5000/- and two sureties of similar amount by each of the accused appellants before the Probation Officer and it was further directed that if the accused appellants would fail to keep the good conduct, they shall be sentenced by the Court.

2. During the pendency of this ap­peal, Sri Arvind Vashistha, learned Coun­sel for the appellant No. 2 Ram Gopal @ Gopal filed a Criminal Miscellaneous Ap­plication No. 810/2006 stating therein that the appellant No. 2 had completed his pro­bation of sentence and, therefore, he prayed that he did not want to press the appeal in respect of app