State Of Maharashtra v. Harshad Mehta And ORS

1/2 201.Apeal-559-2001.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.559 OF 2001 The State of Maharashtra ....Appellant Vs.

Harshad Mehta and Ors.

....Respondents ---- Mr. H.S. Venegaonkar for CBI - appellant.

Mr. V.N. Deosthali, respondent no.4 present.

Ms. Sharada Raut, DIG, IPS, HOB, CBI, BSFB, Mumbai present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 7th FEBRUARY 2020 P.C.:

Mr. Venegaonkar appearing for appellant tenders a photocopy of a death certificate issued by Municipal Corporation of the City of Thane certifying the death of Archana Vijaykumar Jog, respondent no.3 on 6th February 2012. Copy of the death certificate is taken on record and marked "X" for identification.

In view thereof, appeal against respondent no.3 abates. Appeal against respondent no.1 abated as recorded in the order dated 27th February 2002. The appeal against respondent no.2 was dismissed vide order dated 23rd November 2005. This leaves only respondent no.4 - V.N. Deosthali, who is present in Court. Mr. Deosthali tenders a photocopy of his Aadhar Card No.9291 9368 8628. The same is taken on record and marked "X-1" for identification. Gauri Gaekwad

2/2 201.Apeal-559-2001.doc Mr. Venegaonkar true to his role as an officer of this Court states that there are two impediments in the appeal against respondent no.4, i.e., (a) in the trial respondent no.4 was not represented and on that ground, respondent no.4 was acquitted and (b) there is no independent charge against respondent no.4. Respondent no.4 falls only under Section 120-B of the Indian Penal Code and when the appeal has abated against respondent nos.1, 2 and 3, the appeal cannot survive only against respondent no.4. Mr. Venegaonkar submits that the Court may accordingly dispose the appeal.

Appeal accordingly stands disposed.

(K.R. SHRIRAM, J.) Gauri Gaekwad