Renubala Mohapatra And vs State Of Odisha
2023 Latest Caselaw 13523 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.25 of 2010

      Renubala Mohapatra and        ...         Appellants
      others
                           Mr. G.K. Mohanty, Sr. Advocate
                          -versus-
      State of Odisha               ...       Respondent
                                            Mr. M.S. Rizvi, ASC (Vig.)
                                    CORAM:
                             JUSTICE G. SATAPATHY
                                     ORDER(ORAL)

01.11.2023 Order No.

10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Mr. G.K. Mohanty, learned Senior Counsel appearing for the legal representatives of the deceased- appellant-Kunja Bihari Mohapatra, who died during the pendency of this appeal, submits that the legal heirs of the deceased-appellant are ready and willing to deposit the fine amount of Rs.20,000/- since the appellant was sentenced to substantive imprisonment along with fine amount, but after death of the appellant, his substantive sentence cannot be executed.

3. In view of the aforesaid submission and taking into consideration the law laid down by the Apex Court in Ramesan(Dead) through L.R. Girija A v. State of Kerala; (2020) 3 SCC 45, albeit the substantive sentence against the deceased-appellant cannot be executed and remains unworkable, but the appeal as regards to fine would not abate. In this appeal, the

deceased-appellant was substituted by his legal representatives, who want to deposit the fine amount imposed upon the deceased-appellant in the impugned judgment, however, it is open to the legal representatives of the deceased-appellant to deposit such fine amount in the learned trial Court.

Accepting the prayer as advanced for the L.Rs. of the deceased-appellant, the present appeal stands dismissed as regard to the substantive sentence of the appellant which remains unworkable after his death, but the sentence of fine as imposed upon the deceased- appellant remains operative.

(G. Satapathy) Judge

Subhasmita

Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Nov-2023 14:10:39