JUDGMENT : D.N. Patel, J. The present appeal has been preferred against the judgment and order of conviction and sentence dated 12th May, 1993 passed by learned Additional Sessions Judge, Ahmedabad [Rural] in Sessions Case No. 138 of 1992, whereby the present appellant has been convicted for an offence punishable under Section 302 of the Indian Penal Code for life imprisonment. 2. As per report dated 23rd April, 2002 given by Inspector General of Police, the present appellant-accused is absconding since 1995. The appellant-accused is facing charge of causing murder of his wife as he was suspecting character of his wife and he was demanding money from the father of the deceased wife. 3. Learned Additional Public Prosecutor stated that even on today, the present appellant-accused is absconding. It is further submitted by learned Additional Public Prosecutor that in view of the decision rendered by this Division Bench in Criminal Appeal No.1131 of 1997, dated 23rd October,2008, this appeal may be dismissed as accused is absconding. 4. In view of the decision dated 23rd October, 2008 rendered by this Division Bench in Criminal Appeal No.1131 of 1997, it has been observed in para-8(vi) and 8(vii), as under: "8. (vi) ....... Thus, deliberate action or positive action reveals the intention of the appellant which shows that he has no respect to the Constitution of India and he has committed breach of the fundamental duty enshrined under Sub-article (a) of Article 51-A of the Constitution of India or it also reveals intention of the appellant that he has no faith in justice delivery system.................. Those, who are expecting their criminal appeals against conviction, to be heard on merits, cannot remain absconding...... (vii) ..... This appeal is hereby dismissed only on the ground that the appellant-accused is absconding and is not available to the Court, nor is present in the Court. As and when he surrenders or is arrested by the police, he may prefer an application for restoration of the appeal. We do not want to encourage the absconding accused for remaining absconding by hearing his criminal appeal on merits. It also encourages, who are in jail to jump the bail or furlough. Leniency shown towards criminals is a threat to innocent persons......" (Emphasis supplied) 5. We do not want to encourage the absconding accused for remaining absconding by hearing his criminal appeal on merits. It also encourages, who are in jail to jump the bail or furlough. Leniency shown towards criminals is a threat to innocent persons......" (Emphasis supplied) 5. In view of the aforesaid decision and also keeping in mind the fact that the present appellant-accused is absconding, the present appeal is dismissed only on this ground. As and when the appellant-accused surrenders to the jail authority or is arrested by the police, he is at liberty to prefer an application for revival of this appeal and if such application is not unreasonably excessively time-barred as stated in the aforesaid judgment, then, this Criminal Appeal will be revived or restored. 6. In view of the aforesaid reasons, this appeal is hereby dismissed only on the ground that the appellant-accused is absconding. Appeal dismissed.