1 1029 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1029 OF 2002 Somnath Subhash Godse & Ors. ...Appellants Versus State of Maharashtra ...Respondent ...... None for Appellants. Mr.D.P.Adsule, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 2, 2011. P.C. 1. From the order-sheet, it appears that Appellants (original accused Nos.2 and 3) are absconding. In the past, sufficient time has been given to the prosecution to ensure that original accused Nos.2 and 3 are served and produced. Learned A.P.P. submits that the police has tried their best to trace the Appellants-accused Nos.2 and 3 who are absconding after release on furlough leave. He submits that steps have also been taken under Section 82 of the Criminal Procedure Code against the said accused. Inspite of that, they could not be traced. 2. In the circumstances, the appeal of original accused Nos.2 and 3 is 2 1029 dismissed for non-prosecution as, a fugitive cannot be permitted to pursue remedy before the Court. 3. Having dismissed the Appeal for non-prosecution, the Secretary, Home Department shall issue appropriate instructions to the concerned Officials who would be responsible to ensure that the Appellants are re- arrested and sent to jail to suffer the remaining sentence period. 4. The matter be now listed for the limited purpose of reporting compliance of the above on 28th March, 2011 under caption `direction’. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)