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Supreme Court of India 2022-07-14 partly_allowed

Dhananjay Rai @ Guddu Rai vs State of Bihar

Bench: 2 — Abhay S. Oka

In Brief

An accused convicted of murder and arms violations absconded after his appeal was admitted by the High Court. The High Court subsequently dismissed his appeal solely on the ground of absconsion without examining the merits. The Supreme Court held that once an appeal is admitted for final hearing, it must be decided on merits regardless of the appellant's absence or absconsion. The Court set aside the dismissal order and remanded the appeal to the High Court for disposal on merits within six months, while reserving the appellant's right to apply for sentence suspension if the appeal is not heard within that period.

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Criminal Procedure Appellate Law Criminal Appeal Absconsion Right to Appeal Administration of Justice Sentencing

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