Jitendra Pal Sharma vs State
2021 Latest Caselaw 3330 Chatt

                                          1


                                                                               NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR

                           Criminal Appeal No. 809 of 2010

      Jitendra Pal Sharma, S/o Late Shri Chunnilal Sharma, Aged about 53 years,
       Assistant Engineer, Bharat Aluminium Company Ltd., R/o Quarter No. 64-C,
       Sector - 1, BALCO Nagar, Korba, District Bilaspur (M.P.) (Now Chhattisgarh)
                                                                       ---- Appellant
                                 Versus
      The State of Madhya Pradesh (Now Chhattisgarh) Through : The C.B.I.,
       Jabalpur (M.P.)
                                                      ---- Respondent/State

For Appellant : Shri Sourabh Dangi, Advocate For Respondent/State : Shri Rahim Ubwani, Panel Lawyer

Hon'ble Shri Justice Gautam Chourdiya, J Order 26.11.2021

1. This appeal arises out of the judgment of conviction and order of sentence

dated 31.07.1997 passed by the Fifth Additional Sessions Judge & Special

Judge, CBI, Sessions Division, Jabalpur (M.P.) in Special Case No. 19/1988,

whereby the appellant stands convicted and sentenced as under:-

                   Conviction                              Sentence
          Under Section 409 of IPC            Rigorous imprisonment for two years
                                              & six months and to pay fine of
                                              Rs.2,000/-, in default of payment of
                                              fine,   to      undergo      rigorous
                                              imprisonment for six months
          Under Section 5 (1) (c) read        Rigorous imprisonment for two years
          with Section 5 (2) of the           and to pay fine of Rs.2,000/-, in
          Prevention of Corruption Act,       default of payment of fine, to
          1947                                undergo rigorous imprisonment for
                                              six months

2. The instant appeal was in fact filed in the year 1997 and registered as Cr.A.

No. 1735/1997 in the High Court of Madhya Pradesh at Jabalpur. However,

subsequently the same has been received by this Court on transfer from

High Court of Madhya Pradesh and registered as Cr.A. No. 809/2010.

3. In this case, the sole appellant died on 21.07.2005 which is evident from the

death certificate of appellant & other documents submitted by the S.H.O.,

Police Station Balconagar, District Korba (C.G.).

4. Learned counsel for the appellant submits that though he has informed

about the pendency of the present appeal to the legal heirs of the appellant,

but no instruction has been received from them till now.

5. Considering the fact that the appellant died on 21.07.2005, the fact

regarding pendency of the present appeal was well within the knowledge of

family members of the appellant and despite that no application was moved

on behalf of the legal heirs of the appellant to prosecute this appeal, the

present appeal stands abated and is disposed of as such.

Sd/-

(Gautam Chourdiya) Judge vatti