Monu v. State

$~R-201 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 498/2011 MONU ..... Appellant Through:

None.

versus STATE ..... Respondent Through:

Mr.Raghuvinder Verma, APP.

SI Chattar Singh, P.S.Subhash Place.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 10.08.2015 The present appeal was filed by the appellant against the judgment and order of conviction dated 8.3.2011/15.3.2011 passed by the learned Additional Sessions Judge-II, North West, Rohini Courts in Sessions Case No.1160/09 with reference to FIR No.912/2007. The appeal was admitted and the sentence of the appellant was suspended and he was released on bail during the pendency of this appeal. When this case came up for hearing, there was no representation on behalf of the appellant.

Under such circumstances, by order dated 22.5.2015, bailable warrant was issued in the sum of Rs.10,000/- for securing the presence of the appellant.

The police officer concerned who went for the execution of the warrant was informed by one Ms.Sushma, sister of the appellant, that the

appellant is dead. Death certificate was also provided to the officer concerned by the sister of the appellant.

The status report revealing these facts have been submitted today in the Court. Let it be taken on record.

Considering the fact that the appellant is dead, which fact stands verified by the police officer concerned, there is no necessity for directing any enquiry regarding the death of the appellant. In terms of Section 394 of the Code of Criminal Procedure, this appeal abates.

The appeal is disposed of accordingly.

ASHUTOSH KUMAR, J AUGUST 10, 2015 k