Criminal Procedure Code, 1973, Section 374(2) – Patna High Court Rules, Chapter XII Rule 8 – Rule provides that no appeal against conviction shall be heard for admission unless the accused has surrendered to the order of the Court below convicting him to a sentence of imprisonment except in a case where the appellant has been released on bail by the trial court after convicting him – In the present case appeal was already admitted when the accused absconded – Therefore, the said rule, which applies to the pre-admission stage, was not applicable – Appeal – Admitted – Accused absconded – Right of hearing .
