The High Court in criminal appeal no.33 of 2003 held that the appeal stands abated as the appellant / accused died on 1st December 2012, after being reported to the appellate court.
The appeal was disposed of as it abated on the death of the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1-APPEAL-33-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.33 OF 2003
SHAFIQUE ALI )...APPELLANT
V/s.
STATE OF MAHARASHTRA (AT INST. CBI) )...RESPONDENT
Mr.Arun Rajput i/b. Ms.Anjali Patil, Advocate for the Applicant. Mrs.M.R.Tidke, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 15th FEBRUARY 2017.
P.C. :
1 This is an appeal by convicted accused no.2
challenging the judgment and order of conviction and sentence passed by the learned trial court.
2 Heard learned advocate Mr.H.S.Venegaonkar,
appearing for the respondent / CBI. He drew my attention to the report of the CBI mentioning that the appellant / accused died during pendency of the appeal.
avk 1/2
1-APPEAL-33-2003.doc
3 Perused the report submitted by the Judge, Bombay
City Civil and Sessions Court, Greater Bombay, Mumbai, dated 31st January 2017. It is reported that the Superintendent, CBI/ACB, Mumbai, filed a report dated 3rd January 2017 before that court along with copy of the Death Certificate and Verification Report of the Death Certificate of appellant / accused, reporting that the appellant / accused died on 1st December 2012. Perused report dated 3rd January 2017 of the Officer of the CBI addressed to the Superintendent of Police, CBI, as well as copy of the Death Certificate showing that appellant / original accused no.2 died on 1st December 2012.
4 In this view of the matter, the appeal stands abated
and it be consigned to record.
avk 2/2
Shafique Ali
State of Maharashtra (at inst. CBI)
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
