State Of Gujarat vs Vipulbhai Gunvantlal Nayak
2021 Latest Caselaw 7866 Guj

       R/CR.A/795/2006                                 ORDER DATED: 06/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL APPEAL NO. 795 of 2006
                                       With
                         R/CRIMINAL APPEAL NO. 176 of 2006
                                       With
                         R/CRIMINAL APPEAL NO. 794 of 2006
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                                STATE OF GUJARAT
                                      Versus
                           VIPULBHAI GUNVANTLAL NAYAK
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Appearance:
PUBLIC PROSECUTOR(2) for the Appellant(s) No. 1
MR PJ KANABAR(1416) for the Opponent(s)/Respondent(s) No. 1
MS ADITI P KANABAR(5650) for the Opponent(s)/Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                  Date : 06/07/2021

                                   ORAL ORDER

ORDER IN APPEAL NO.795 OF 2006

1. The State has filed this appeal under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 13.01.2006, whereby, the Respondent accused - Vipulbhai Gunvantlal Nayak was acquitted for the offence punishable under Sections 7, 12, 13(1)(d) and 13 (2) of the prevention of Corruption Act, with which, he was charged. It is stated that the respondent accused died on 20.04.2021 due to corona and hence, the appeal abates.

2. It is relevant to refer to Section 394 of the Code, which deals with the abatement of appeals. Section 394 of the Code reads as under:-

394. Abatement of appeals:-

1. Every appeal under section 377 or section 378 shall finally abate on the death of the accused.

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction

R/CR.A/795/2006 ORDER DATED: 06/07/2021

and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation.- In this section," near relative" means a parent, spouse, lineal descendant, brother or sister.

3. In view of the death of the Respondent accused during pendency of this appeal and in view of what is stated in the section as extracted above, the appeal abates and is accordingly disposed of as abated.

(ILESH J. VORA,J)

SUCHIT