Supreme Court Restores Criminal Appeal for Absconding Convict: Right to Appeal Upheld

The Supreme Court of India, in the case of Dhananjay Rai @ Guddu Rai vs. State of Bihar, set aside the Patna High Court’s decision that dismissed a criminal appeal solely on the ground that the appellant was absconding. The Court ruled that the right to appeal against conviction under Section 374(2) of the Code of Criminal Procedure (CrPC) is a valuable right, and an appeal cannot be dismissed without consideration of its merits. This ruling reinforces the principles of fair trial and due process in criminal jurisprudence.

Background of the Case

The appellant, Dhananjay Rai, was convicted under Sections 302 and 120B of the Indian Penal Code (IPC) and Section 27(1) of the Arms Act, 1959, for which he was sentenced to life imprisonment. He filed an appeal before the Patna High Court against his conviction in 2009. However, during the pendency of his appeal, the appellant absconded.

On October 29, 2009, the High Court admitted the appeal for hearing. Later, when his application for suspension of sentence came up, it was found that he was absconding. Consequently, a non-bailable warrant was issued, and a reward was announced for information on his whereabouts.

On August 25, 2015, the High Court dismissed his appeal without considering the merits of the case, stating that the appellant had “forfeited his right” to appeal by absconding. The appellant then approached the Supreme Court challenging this dismissal.

Key Legal Issues

Can an appeal against conviction be dismissed solely on the ground that the accused is absconding?
Did the High Court violate the principles of fair trial and due process?
Does the right to appeal under Section 374(2) CrPC remain valid even if the convict is absconding?

Arguments Presented

Petitioner’s (Dhananjay Rai’s) Arguments:

The High Court’s decision violated the fundamental right to a fair trial.
The law requires that an appeal, once admitted, must be decided on merits, even if the appellant is absent.
The High Court wrongly relied on its own past decisions that were contrary to Supreme Court precedents.

Respondent’s (State of Bihar) Arguments:

The appellant’s conduct in absconding amounted to defiance of the criminal justice system.
The High Court had the power to dismiss the appeal as a measure to uphold the rule of law.
The dismissal was justified because the appellant was evading the legal process.

Supreme Court’s Observations and Ruling

The Supreme Court ruled in favor of the appellant, setting aside the High Court’s order. The key findings included:

Dismissal of an appeal on the sole ground that the appellant is absconding is not legally permissible.
The right to appeal under Section 374(2) CrPC is a valuable right and must be adjudicated on merits.
The High Court deviated from well-established legal principles laid down in previous Supreme Court rulings.
The Court relied on Bani Singh & Ors. vs. State of U.P. (1996), which held that an appeal cannot be dismissed for non-prosecution and must be decided on merits.
The High Court should have either adjourned the case or appointed an amicus curiae to represent the absconding appellant.

The Supreme Court stated:

“The law does not envisage the dismissal of an appeal for default or non-prosecution but only contemplates disposal on merits after perusal of the record.”

Accordingly, the Court remanded the appeal to the Patna High Court for fresh consideration on merits and directed that it be disposed of expeditiously.

Key Takeaways from the Judgment

An appeal against conviction cannot be dismissed solely because the appellant is absconding.
The right to appeal under Section 374(2) CrPC must be upheld in all circumstances.
The High Court should have examined the appeal on merits or appointed an amicus curiae.
The ruling reinforces the importance of due process and fair trial principles in criminal cases.

Impact of the Judgment

This ruling sets a precedent preventing courts from dismissing appeals without considering the merits.
It ensures that absconding convicts do not lose their legal rights arbitrarily.
The judgment strengthens fair trial protections and prevents misuse of judicial discretion.
It emphasizes the responsibility of the judiciary to ensure justice is delivered in all circumstances.

Conclusion

The Supreme Court’s decision in this case reinforces the right to appeal as an essential component of criminal justice. By ruling that the appeal must be decided on merits, the Court upheld the fundamental principle that judicial outcomes should be based on evidence and law, rather than procedural defaults. This ruling serves as a crucial safeguard against arbitrary dismissals and ensures that the right to appeal remains protected under Indian law.

Petitioner Name: Dhananjay Rai @ Guddu Rai.
Respondent Name: State of Bihar.
Judgment By: Justice Abhay S. Oka, Justice M.M. Sundresh.
Place Of Incident: Buxar, Bihar.
Judgment Date: 14-07-2022.

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