Gujarat High Court
Rasiklal Chandulal Rupani vs State Of Gujarat on 28 March, 2023
Bench: Hemant M. Prachchhak
R/CR.A/2080/2005 ORDER DATED: 28/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 2080 of 2005
With
R/CRIMINAL APPEAL NO. 2446 of 2005
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RASIKLAL CHANDULAL RUPANI
Versus
STATE OF GUJARAT
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Appearance:
MR DHAIRYAWAN D BHATT(11817) for the Appellant(s) No. 1
MR HK PATEL APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 28/03/2023
ORAL ORDER
1. The appellant - accused has preferred Criminal Appeal
No.2080 of 2005 against the judgment and order of
conviction dated 15.09.2005 passed by the learned
Presiding Officer and Special Judge, 11th Fast Track Court,
Rajkot in Special Case No.13 of 1994, whereby, present
appellant has been convicted for the offence punishable
under Sections 7 and 13(2) of the Prevention of Corruption
Act, 1989 and directed him to undergo sentence of
rigorous imprisonment of six months for the offence under
Section 7 and fine of Rs.500/- and in default of payment of
fine, to undergo imprisonment for one month and to
undergo sentence of rigorous imprisonment of one year
for the offence under Section 13(2) and fine of Rs.500/-
and in default of payment of fine, to undergo
imprisonment for one month.
R/CR.A/2080/2005 ORDER DATED: 28/03/2023
2. Criminal Appeal No.2446 of 2005 has been filed by the
appellant - State of Gujarat for enhancement of sentence
imposed upon the accused.
3. On 30.01.2023, the Coordinate Bench of this Court has
passed the following order.
"Registry has placed these matters for orders pursuant to
a note filed by the learned advocate informing about death
of the sole appellant and the appeal preferred against
judgment of conviction and order of sentence and the sole
respondent in the acquittal appeal filed by the State as
learned advocate was informed by heirs of the client that
they do not wish to proceed further in the appeal. Registry
is hereby directed to provide the copy of forwarding letter
dated 13.1.2023 filed by the learned advocate as also the
letter addressed dated 12.12.2022 signed by heirs of
deceased Rasiklal Rupani and the copy of death certificate
of Rasiklal Chandulal Rupani to the learned APP for the
purpose of verification on or before one week from today.
Learned APP is directed to verify the same and report to
this Court,
Stand over to 20th February 2023."
4. Today, learned advocate for the appellant has submitted
that accused - Rasiklal Chandulal Rupani, who has filed present
appeal, has died on 14.11.2022, copy of the death certificate is
produced on record. He has further submitted that the legal heirs
of the deceased Rasiklal do not wish to proceed further in the
appeal and appropriate order may be passed.
5. In view of the above, Criminal Appeal No.2080 of 2005 is
abated and accordingly, it is disposed of.
R/CR.A/2080/2005 ORDER DATED: 28/03/2023
6. In view of the disposal of Criminal Appeal No.2080 of 2005,
Criminal Appeal No.2446 of 2005 preferred by the State of
Gujarat would not survive and hence, the same is disposed of
accordingly.
7. It is made clear that in future, if the legal heirs of the
deceased would like to proceed further in the appeal, the
criminal appeal filed by the State of Gujarat is to be revived
along with the appeal filed by the original accused.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
