But he failed to surrender before the court and could not be located.
When police launched the process of declaring him a proclaimed offender, Gurung approached the court for relief.
Turning down his plea, the court said: 'This court has been faced with a number of appeals where the accused has either jumped parole or where the sentence was suspended on account of the appeal not being taken up for hearing and has become untraceable, and neither the appellant nor the counsel appears to argue the appeal.'
The court observed that if it 'is derelict in doing its duty, the social framework will be rent asunder and anarchy will rule everywhere'. It noted: 'It is, therefore, imperative to put an end to such practice by dismissing appeals to meet the ends of justice.'
The court also pulled up the appellant and asked Gurung to surrender.
'The convict has no intention of pursuing his appeal and the filing of the appeal was only a charade and a stratagem to frustrate the outcome of a just trial. Tolerance is called for where the convict has expiated his crime.
'A convict cannot abuse the process and defeat criminal justice.'