Cr. Appeal No. 338 of 2006 22.10.2008 Present: Mr. Ram Murti Bisht, and Mr. Rajesh Mandhotra, Deputy Advocate Generals for the Appellant-State. This appeal was admitted on 12th October, 2006 and since then various opportunities have been given to the appellant-State to serve the respondent. The respondent-accused is a citizen of Nepal. The record reveals that despite innumerable opportunities granted, the State has been unable to procure the presence of the accused. The warrants sent to the accused on the address given in the appeal were returned back with the report that the respondent does not reside at the given address. Thereafter, the matter was listed before the Registry on 27.12.2006, 28.2.2007, 7.3.2007, 2.4.2007, 11.4.2007, 23.4.2007 but no steps were taken to file fresh address. Thereafter, fresh address was filed and again warrants were issued and the matter was listed on 29.6.2007, 24.7.2007, 31.8.2007. On 31st August, 2007 it was reported that the accused is residing in Nepal. Thereafter, the bailable warrants were sent to the Secretary, Ministry of Home Affairs, Government of India, New Delhi, for execution of the warrants. These bailable warrants have not been received back after execution till date despite various opportunities granted. It is apparent that whereabouts of the respondent are not known to the State and therefore, it is virtually not possible to take any coercive steps to procure the presence of the acquitted person. It is not known whether the respondent is dead or alive. The State has not been able to find out any information with regard to the respondent. In such a situation, no purpose shall be served to keep the appeal pending. The appeal is accordingly dismissed for non-prosecution, with liberty reserved to the State to apply for revival of the appeal in case they can procure the presence of the accused. While dismissing the appeal, we are following the orders passed by the apex Court on 31st August, 2001 in Cr. Appeal No. 917 of 1997 titled State of H.P. vs. Satish Kumar. ( Deepak Gupta ), J. October 22, 2008 ( V.K.Ahuja), J. ™