Jharkhand High Court
Dev Kumar vs The State Of Jharkhand Through The ... on 25 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal(S.J.) No.983 of 2015
Dev Kumar ... Appellant
Versus
The State of Jharkhand through the Central
Bureau of Investigation ... Respondent
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Appellant : Mr. Dhirendra Kr. Prasad
For the C.B.I. : Mr. B.K Prasad, Adv.
04 /25.01.2021
I.A. No.253 of 2021
Heard the parties through video conferencing.
Learned counsel appearing for Sheela Devi- the wife of the
sole deceased-appellant Dev Kumar submits that this interlocutory
application has been filed with prayer for permitting the said Sheela
Devi to continue this appeal. It is further submitted by the learned
counsel for Sheela Devi that the sole appellant of this appeal namely
Dev Kumar died on 18.12.2020 during the pendency of this criminal
appeal and Sheela devi is the widow of the said deceased-appellant-
Dev Kumar. It is further submitted by learned counsel for the said
Sheela Devi that this appeal has been filed against the judgment of
the conviction dated 14.10.2015 and order of sentence dated
15.10.2015 passed by learned Judicial Commissioner-XVII-cum-Spl.
Judge, C.B.I. (other than A.H.D. Scam) Ranchi in R.C. Case No.17A/
2010 (R) whereby and whereunder that the deceased-appellants has
been held guilty for the offence punishable under Section 7 and 13
(2) read with Section 13(1)(d) of the P.C. Act, 1988 and sentenced to
undergo R.I. for 4 years and pay fine of Rs.2,000/- for the offence
punishable under Section 7 of the P.C. Act, 1988 and in default of
payment of fine, further to undergo S.I. for six months. He is further
convicted and sentenced to undergo R.I. for 3 years and to pay a fine
of Rs.2,000/- for the offence punishable under Section 13 (2) read
with Section 13 (1)(d) of the P.C. Act, 1988 and in default of payment
of fine he was further directed to undergo S.I. for six months.
It is submitted by learned counsel for Sheela Devi that in the
instant criminal appeal was admitted on 04.02.2016 and the appellant
who is since been a deceased, was granted bail during the pendency
of the case in this appeal vide order dated 04.02.2016. It is then
submitted that the deceased-appellant has died leaving behind the
petitioner- Sheela Devi who is his near relative. Hence, it is
submitted that leave be granted to the petitioner Sheela Devi to
continue this appeal.
Considering the facts of the case the petitioner Sheela Devi is
accorded leave to continue this appeal in behalf of her deceased
husband was the appellant of this appeal namely Dev Kumar.
Registry is directed to mention in the cause-title of the appeal
memo the word "died' against the name of the appellant- Dev
Kumar who died on 18.12.2020 and also mention that vide this order
the petitioner- Sheela Devi has been granted leave to continue this
appeal in behalf of the said deceased did appellant in Red Ink.
This interlocutory application is disposed of accordingly.
(Anil Kumar Choudhary, J.)
Cr. Appeal No.(S.J.) No.983 of 2015
Learned counsel for the petitioner prays for time.
Prayer for time is allowed.
List this appeal after two months under the heading "For
Hearing".
Pappu/ (Anil Kumar Choudhary, J.)
