ORDER 1. Heard finally Mr. S.S. Khanduja, learned counsel appearing for the appellant and Mr. Samar Vijay Singh, learned counsel appearing for the State. 2. The main question agitated in the appeal is that the appellant was not served of notice of the appeal in the High Court while reversing the judgment of the acquittal passed by the trial court. Various order sheets have been reproduced by the appellant in the memo of appeal. Following averments have been made in the appeal. "In fact, this Hon'ble Court issued notice of motion regarding grant of leave to appeal to the respondents on 17.09.2009 for 01.12.2009. In compliance of the same, the process server submitted its report dated 19.10.2009 stating therein that: Sir, On enquiring about Surinder Pahalwan in Nehru Garden Colony, Kaithal for effecting service upon him, I came to know orally through someone that he is confined in Karnal Jail. No one has deposited as witness at the spot. Report is submitted. Sd/- Bhupender 19.10.2009 Further, in order to comply with the orders passed by the Hon'ble Punjab and Haryana High Court, it was attempted to effect the service upon the petitioner at Distt. Jail, Karnal and a following report was submitted by the Process Server :- Sir, On visiting office of Distt. Jail, Karnal on enquiring about Surinder Pahalwan s/o Dalip Singh for effecting service upon him. On the spot, the official of Distt. Jail, Karnal informed that he has been released on 11.06.2009 from Distt. Jail, Karnal. Statement was obtained. Sd/-28.10.2009 Since, the service could not be even effected upon the petitioner at Distt. Jail, Karnal, the summons were again directed to the office of Ld. Distt. Sessions Judge, Kaithal. Agaon on 11.11.2009, the process server attempted to serve upon the petitioner and submitted his following report:- Sir, On visiting Nehru Garden Colony, Kaithal for enquiring about Surinder Pahalwan s/o Dalip Singh for effecting service upon him. I came to know that he is not residing alongwith his family. He deposited on the spot that I have disowned him and do not know about his whereabouts. Statement recorded. Report is submitted. Sd/- Ram Phal 11.11.2009 Process Server. I came to know that he is not residing alongwith his family. He deposited on the spot that I have disowned him and do not know about his whereabouts. Statement recorded. Report is submitted. Sd/- Ram Phal 11.11.2009 Process Server. The aforesaid reports were submitted before the Hon'ble High Court of Punjab and Haryana and on perusal of the same, the Hon'ble High Court on01.12.2009 passed the following order: - "As per office report, notice issued to respondent No.2 has been received with a report that he is not residing at the given address, whereas notice issued to respondent No.12 has been received back with a report that he is lodged in the Jail. Learned counsel for the petitioner is directed to furnish correct address of respondent No.2 and thereafter-fresh notice be issued to respondent No. 2. Respondent No.12 be served through concerned Superintendent Jail. Learned counsel for respondents No.1 and 3 to 11 pray for time to file their reply. May do so before the next date of hearing. Adjourned to 20.01.2010. Sd/- Ashutosh Mohunta, J 1.12.2009 Sd/- Jitendra Chauhan, J" 3. Learned counsel for the State was unable to controvert the aforesaid position. In view of the aforesaid, solely on the ground that the appellant was not served of the appeal when the order of conviction was recorded, the impugned order is set aside, vis-a-vis, Surinder Pahalwan, It is stated by Mr. S.S. Khanduja, learned counsel, that other criminal appeals, i.e., Criminal Appeal Nos.927 and 987 of 2014 are pending in the High Court. The appeal vis-a-vis Surinder Pahalwan, in which he was respondent, may be heard along with pending appeals, if any. It is ordered that the appellant shall be released on a condition that he deposits his passport with the concerned authority and he shall not be permitted to go out of the country during the pendency of the appeal, as earlier he had to be repatriated from abroad. 4. The appeal and all pending applications stand disposed of accordingly.