Neutral Citation No. - 2025:AHC:75711-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 1358 of 1987 Appellant :- Ghan Shyam Singh Respondent :- State of U.P. Counsel for Appellant :- R.P. Singh,Ashutosh Pandey Counsel for Respondent :- A.G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. When the case is called out. No one is present on behalf of the appellant. Shri O.P. Dwivedi, learned AGA for the State is present. 2. The present appeal has been filed against the judgment and order dated 04.05.1987, passed by IV Additional Sessions Judge, Allahabad, in Sessions Trial No.270 of 1984. 3. On perusal of order sheet, we find that since the year 2018 presence of sole appellant is being sought. 4. Subsequently vide order dated 06.03.2018, non bailable warrants were issued against the appellant Ghan Shyam Singh. Repeated reports are being received that sole appellant Ghan Shyam Singh has left the village 20 years back and his whereabout is not known. 5. On 18.05.2018, following order was passed - "The report of the Chief Judicial Magistrate, Allahabad dated 14.5.2018 indicates that the appellant Ghanshyam Singh has performed second marriage twenty years ago and left his village after selling his movable and immovable property. In this regard enquiry was conducted about the sureties of the appellant who have also been expired. The Gram Pradhan has submitted its certificate in support of this report and as such the learned A.G.A. is directed to enquire the whereabouts of the appellant Ghanshyam Singh within six weeks. Let the case be listed in the second week of July, 2018. A copy of the report dated 14.5.2018 be provided to the learned A.G.A. along with the order passed by this court today free of costs for necessary compliance. " 6. Although, Shri Ashutosh Pandey, learned counsel appeared on the next date as the earlier counsel was dead, however, constant office report is to the effect that the appellant was not available at the place of his residence. The above quoted order dated 18.05.2018 although reflects that the sureties of the appellant have also died. 7. Latest office report dated 20.03.2025, based on the report of C.J.M., Prayagraj dated 15.02.2025 is to the effect that on inquiry it was found that sole appellant Ghan Shyam Singh was teacher in Mahendragarh, State of Madhya Pradesh and he died there and no one in his family is available and his death has been certified by the village Pradhan. 8. We therefore, find that in the last seven years, all efforts have been made to trace out the appellant and the constant report is to the effect that he died in District Mahendragarh, State of Madhya Pradesh and no one is available in his family and there is no property available in village. His sureties are also dead. 9. On 21.03.2025, following order was passed - "1. Sri Ashutosh Pandey, learned counsel who was appearing for the sole appellant is present and states that he is now on the State side, therefore, he cannot argue the matter. 2. On being confronted with the office report that as per the certificate issued by Gram Pradhan, the sole appellant Ghan Shyam Singh was living in Mahendragarh, M.P. and is now dead, Sri Ashutosh Pandey has gracefully agreed to get the relevant documents to verify the aforesaid information by the next date. 3. List this appeal on 03.4.2025. " 10. Today, no one is present and nothing contrary to that effect has appeared on record. 11. In such peculiar facts and circumstances of the case, the appeal stands abated on the basis of the reports available. Order Date :- 9.5.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad