K L Goswami v. State Thr CBI

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 83/2011 K L GOSWAMI ..... Appellant Through Mr. B. Venkatraman, Advocate versus STATE THR CBI ..... Respondent Through Mr. Anil Grover, SPP with Mishal Vij, Mr. S.P. Singh and Mr.

Naveen Bhardwaj, Advocates

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 23.01.2020 The present appeal has been preferred by the appellant against the judgment/ order dated 24th November, 2010 vide which appellant has been held guilty of the offences under Section 420/468/471/ IPC as also under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo rigorous imprisonment of three years with fine and default clause. On 24th January, 2011, the appeal was admitted for final hearing and substantive sentence awarded to appellant was suspended during pendency of the appeal. On 5th February, 2019, this Court was informed that the appellant was suffering from Stage Four cancer. On the last date of hearing, i.e. on 16th May, 2019 learned counsel appearing for appellant

submitted that the appellant had died in March, 2019 and respondent/CBI had sought time to verify it.

Today, learned Special Public Prosecutor for respondent/CBI has verified factum of death of the appellant-K.L. Goswami and has placed on record Verification Report dated 17th January, 2020 stating inter alia that appellant has died on 11th March, 2019.

In view of the above fact, the present proceedings against the appellant K.L. Goswami stands abated.

BRIJESH SETHI, J JANUARY 23, 2020 savita