KOKJE, J. - (1.) THE appellant secured his release on bail on the basis of the order dated September 12,1991, granting him suspension of execution of sentence for three weeks. He did not surrender after the period of temporary release was over. On January 10, 1992, non-bailable warrants for the arrest of the accused - appellant as well as the notice to the sureties as to why the surety bonds be not forfeited were directed to be issued.
(2.) WARRANT of arrest against the accused - appellant received unserved but on behalf of the sureties, Mr. Mridul Jain Advocate appeared. As the warrant of arrest was returning unserved, fresh warrants were directed to be issued from time to time. On September 27, 1993, Mr. Mridul Jain learned counsel for the sureties prayed for sometime to produce the accused - appellant who as per his information had gone to Dubai. Three weeks time was granted and fresh warrants were directed to be issued. On October 25, 1993, last opportunity was given to the learned counsel for the sureties to ascertain the whereabouts of the accused-appellant and a fresh warrant of arrest was issued against the accused - appellant. On November 8, 1993 again a fresh non-bailable warrant was directed to be issued. On January 27, 1994 again a standing warrant of arrest was issued against the appellant. On that day, the learned counsel for the sureties had informed the Court that the accused appellant had returned from Dubai and was somewhere in Kota. On May 6, 1994, this Court recorded that the accused-appellant had got himself released on a false statement that his father Munnewar Khan had expired on August 9, 1991. Actually his father was alive. This Court therefore, directed that notice be issued to Mr. Udai Singh, Administrator, Vikas Adhikari, Panchayat Samiti, Sagwara, District Dungarpur who had certified the death of the appellant's father. A standing non-bailable warrant for the arrest of the appellant was again issued as against the surety, the surety bond was forfeited and he was directed to deposit the amount of Rs. 7000/- which according to the Office report has since been deposited. On 8. 07. 1994 Mr. Niranjan Gour appeared for the appellant and prayed for eight weeks time to make efforts for the arrest for the arrest of the appellant. On November 9, 1994, the accused appellant was declared to be absconder and proceedings under Section 82 and 83 of the Code of Criminal Procedure were directed to be taken against him. Again, a standing non-bailable warrant was ordered to be issued against the appellant. On January 13, 1995, March 15, 1995, May 3, 1995 and July 26, 1995 again fresh standing warrants of arrest were ordered to be issued. The appellant is still absconding. In the aforesaid circumstances, we are of the opinion that relying on the observations of the Supreme Court in R. N. Yadav vs. State of Bihar (1), this appeal deserves to be dismissed for non-prosecution. We cannot allow the appellant the luxury of continuing this appeal in his absence.
(3.) WE therefore, dismiss the appeal for non-prosecution. Steps be taken for securing the arrest of the appellant to serve out his sentence. So far as action against Mr. Udai Singh, Administrator, Vikas Adhikari, Panchayat Samiti, Sagwara is concerned, appropriate order shall be passed after receiving the report from the Superintendent of Police, Dungarpur as per directions in the proceedings dated November 9, 1994. A reminder be issued to the Superintendent of Police, Dungarpur and the matter be placed for consideration of the report, when received. .;