Gujarat High Court
State Of Gujarat vs Bipinchandra Chotalal ... on 22 June, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
R/CR.A/1649/2005 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 1649 of 2005
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STATE OF GUJARAT....Appellant(s)
Versus
BIPINCHANDRA CHOTALAL PATEL....Opponent(s)/Respondent(s)
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Appearance:
Ms.C.M.Shah, LEARNED APP for the Appellant(s) No. 1
MR BHUNESH C RUPERA, ADVOCATE for the Opponent(s)/Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 22/06/2015
ORAL ORDER
1. Heard Ms.C.M.Shah, learned APP for the Appellant-State and Mr.Rupera, learned advocate for the respondent.
2. This acquittal appeal under Section 378 of the Code of Criminal Procedure is filed by the State against the judgment and order dated 14.02.2005 passed in Special Case No.3/95 by Special Judge, Kutch, acquitting the accused-
present respondent from the charge for the
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R/CR.A/1649/2005 ORDER
offence punishable under Section 161 of the
Indian Penal Code read with Section 5(1)(D) and 5(2) of the P.C.Act, 1947.
3. This Court, vide order dated 16.03.2007, granted leave to appeal and admitted this acquittal appeal.
4. The office has informed that on 17.06.2015, the learned advocate for the respondent has filed a note addressed to the Registrar. In the said note, it is stated, inter alia, that:-
T " he above referred Criminal Appeal filed by the State of Gujarat against Bipinchandra Chhotabhai Patel, who was acquitted vide judgement and order dated 14.02.2005 passed by the Special Judge, Kachchh in Special Case No.3 of 1999, whereby he was acquitted from charge levelled against him for the offences punishable under Section 161 of the Indian Penal Code read with Section 5(1)(D) read with 5(2) of the Prevention of Corruption Act,1947.
The above referred appeal was admitted by this Hon'ble Court vide order dated 16.03.2007 and I had filed Vakalatnama on behalf of respondent no.15.05.2008, thereafter, lastly above referred matter was listed on 24.04.2015 and posted on 22.06.2015, therefore, I tried to contact my client and I came to know from his wife Ushaben that, the respondent is passed away on Page 2 of 4 CRIMINAL APPEAL/1649/2005 25/06/2015 01:51:13 AM R/CR.A/1649/2005 ORDER 12.10.2013. A death Certificate of respondent Bipinchandra Chhotabhai Patel is attached herewith. As respondent is expired therefore in view of the sEction 394 of the Code of Criminal Procedure, 1973, the appeal does not survive and appeal is required to be abate, therefore, this note is required to be circulated with above referred main matter before the Hon'ble appropriate bench of this Hon'ble Court for passing appropriate order and oblige.
5. Thus, by the said note the learned advocate has informed that the respondent-accused died during the pendency of this acquittal appeal. Along with said note, learned advocate for the respondent has also placed the death certificate issued by Karamsad Nagarpalika. The learned advocate for the respondent-accused submitted that the death certificate is with regard to the respondent-accused. He further submitted that in view of the death of the accused, this acquittal appeal stands abated.
6. Learned APP also submitted that on account of death of accused, this appeal stands abated.
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R/CR.A/1649/2005 ORDER
7. According to the said certificate, issued by Karamsad Nagarpalika, the respondent accused BipininChandra Chotabhai Patel died on 12.10.2013.
8. Therefore, the appeal abates in light of the provision under Section 394 of the Code of Criminal Procedure.
9. The accused i.e. the opponent in this acquittal Appeal under Section 378 of the Code of Criminal Procedure is acquitted by judgement dated 14.02.2005 and he died during the pendecy of this appeal. In that view of the matter, the appeal abates under Section 394 of the Code of Criminal Procedure and is accordingly disposed of.
(K.M.THAKER, J.) Girish Page 4 of 4 CRIMINAL APPEAL/1649/2005 25/06/2015 01:51:13 AM