((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.725 OF 1998 Mohammed Reza Ibrahimi Najmi Appellant versus The State of Maharashtra & anr. Respondents WITH CRIMINAL APPLICATION NO.65 OF 2000 IN CRIMINAL APPLICATION NO.2777 OF 1999 IN CRIMINAL APPEAL NO.189 OF 1999 Akbar Farsadi Sangtarash Applicant versus Narcotic Cell Custom Preventive Respondent WITH CRIMINAL REVISION APPLICATION NO.304 OF 1998 Simon D’Souza Applicant versus The State of Maharashtra and another Respondents WITH CRIMINAL APPEAL NO.189 OF 1999 The State of Maharashtra Appellant versus Akbar Farsadi Sangtarash Respondent P.S.Hingorani, APP. J.C.Satpute and D.Cango for respondents 2 and 3 for Union of India. CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 31st July 2008 PC : ((-2-)) . There were three appeals filed against an order passed by the Special Judge under NDPS Act being NDPS Special Case No.194 of 1995. In this case there were three accused. Accused nos.1 and 2 were convicted for different offences and filed appeals against their conviction. 2. Accused no.1 filed Criminal Appeal No.878 of 1998. This appeal has already been dismissed. We are told that the appellant was in jail. While serving the sentence she escaped from the jail and thereafter has not been located. 3. Second accused filed Appeal No.725 of 1998 which is pending in this Court. But for number of occasions no counsel is appearing on his behalf. He had been granted bail by this Court after he deposited fine of Rs.5.00 lakh but thereafter it appears that he is absconding. The advocate who was appearing for him submits that he has given up the case and he has been discharged. Therefore, Appeal No.725 of 1998 is dismissed. The bail granted to him is revoked and the respondents are directed to arrest the appellant so that he undergoes the ((-3-)) sentence. As such, this appeal No.725 of 1998 stands disposed of. 4. The third appeal is Appeal No.189 of 1998 which has been filed by the State against accused no.3 who was acquitted. He also appears to be absconding. The State is directed to take all steps those are necessary for his arrest. In this view of the matter, Appeal no.189 of 1999 shall be listed again after three months. 5. There is another revision application filed by one Simon D’Souza. He was a witness in the case and it appears that he was convicted by the Trial Court for purjury and sentenced. He filed Revision Application No.304 of 1998 in this Court and was out on bail. But he is also not appearing and no advocate appears for him. This revision application No.304 of 1998 is also dismissed and the respondents are directed to arrest him so that he served the remaining part of sentence. 6. List Criminal Appeal No.189 of 1999 after three months. ((-4-)) (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)