- (1.) Learned counsel for the parties pray that instead of deciding CRM No. 43706 of 2012 for suspension of sentence, the main appeal which stands admitted may be heard for final disposal. The prayer is allowed. Main appeal is taken up for final hearing today itself.
(2.) Heard.
(3.) Learned counsel for the appellant states that he is not challenging the conviction on merit at this stage and reserve his right. He is only aggrieved against the sentence part. Learned counsel for the appellant relies upon the judgment of the Hon'ble Apex Court in the matter of Bihari Prasad Singh vs. The State of Bihar and another, 2000 10 SCC 346, to contend that the Court while exercising its appellate jurisdiction can not refuse to hear or entertain the matter on the ground that the accused has not surrendered. Learned counsel for the appellant further states that at the most conviction order can be passed in the absence of the appellant-accused but in any circumstances, the sentence order cannot be passed without hearing the accused. The learned Lower Appellate Court has committed error in law in awarding the sentence in the absence of the appellant-accused.;