1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.286 of 2009 In Criminal Appeal No.1029 of 2002 Raju @ Doctor Vyankatswami Applicant Vs. The State of Maharashtra Respondent Criminal Application No.312 of 2009 In Criminal Appeal No.1029 of 2002 Yogesh Nandu Yadav Applicant Vs. The State of Maharashtra Respondent Ms.Racheeta Dhuru for applicant in Application No.286 of 2009. Mr.Ghanshyam Upadhyay for applicant in Application No.312 of 2009. Smt.V.R.Bhosale, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. December 14, 2009. P.C. 1. This appeal was originally filed by all the four accused 2 who came to be convicted and sentenced in Sessions Case No. 95 of 2001 for the offences punishable under Sections 302, 364, 387 and 201 read with Section 120-B of IPC. The appeal was filed by one Advocate but subsequently accused no.1 and accused no.4 are being represented by different Advocates. On 9/2/2009 this Court passed an order regarding the request made by accused nos.1 and 4 for registration of appeals separately, by relying upon the earlier judgment of this Court in the case of Bhaskar Pandit Kadam Vs. State of Maharashtra [1984 LXXXVI Bombay Law Reporter 467]. From time to time we passed orders directing the jail authorities and police to take steps to arrest the absconding accused i.e. accused nos. 2 and 3 and even now the police and the jail authorities have not been successful in arresting the absconding accused. 2. It would be, therefore, appropriate that Criminal Appeal No.1029 of 2002 is separated for accused no.1 and accused no. 4 and registered separately so as to proceed with the final hearing on the basis of the paper-book that is ready in this appeal. 3. Hence both the applications are allowed and the 3 applicants’ appeals are separated from Criminal Appeal No. 1029 of 2002. Criminal Appeals of Accused no.1 and Accused No.4 be registered separately and their appeals are directed to be given last two Criminal Appeal numbers of the year 2002. 4. Criminal Appeal No.1029 of 2002 will remain pending in respect of accused nos.2 and 3 and will be taken up for final hearing as soon as the said accused are arrested by the police. We direct the Commissioner of Police, Nashik to continue with the necessary steps to locate and arrest accused nos.2 and 3 at the earliest possible. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)