The court dismissed the criminal appeal as abated. The Superintendent of Central Jail, Kota was present and confirmed that the appellant died in custody on 23.5.2015. Pending a Magisterial inquiry, the Court found the appeal terminated.
The present appeal is dismissed as abated.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 276 / 2010
Hargovind Alias Gomda
----Appellant
Versus
State Of Rajasthan Through P.P.
----Respondent
For Appellant(s) : None present
For Respondent(s) : Mr. Prakash Thakuriya PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order
22/02/2018
This court on 15.2.2018 had passed the following
order:-
“Mr. Rohan Jain, the learned counsel for the appellant has contended that the appellant while undergoing his sentence, has expired in Central Jail, Kota.
In view of above submission made, Superintendent, Central Jail, Kota is directed to file an affidavit regarding the factum of death of appellant.
To await filing of affidavit by Superintendent, Central Jail, Kota, list this case on 22.2.2018.
A copy of this order under the seal and signature of the Court Master be handed over to Mr. NS Dhakad PP for onward transmission and necessary compliance.”
Today Mr. Sudhir Prakash, Superintendent, Central Jail, Kota is present in the court. He has submitted that the present appellant while in custody died on 23.5.2015 while admitted in ICU, Bed No.06, MBS Hospital, Kota. It is further contended that magisterial inquiry under Section 176 CrPC was also held.
The learned Public Prosecutor has contended that affidavit of Mr. Sudhir Prakash has already been filed in the Registry. He has also furnished a photocopy of the affidavit.
(2 of 2)
[CRLA-276/2010]
Since, Mr. Sudhir Prakash, Superintendent, Central Jail, Kota is present in the court, taking statement made by him into consideration and copy of affidavit filed by him, which is taken on record, the present appeal is dismissed as having abated.
(KANWALJIT SINGH AHLUWALIA)J.
Mak/-
1 issue framed by the court
Whether the criminal appeal stands disposed of when the appellant was found to have died during the pendency of the appeal.
Hargovind Alias Gomda
State Of Rajasthan Through P.P.
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
