← Library
Bombay High CourtAPEAL/1193/2013abated

Rupak Narendra Bahadur v. CBI Acb Mumbai And ANR

2018-02-23Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1193 OF 2013 RUPAK NARENDRA BAHADUR )...APPELLANT V/s.

CBI, ACB, MUMBAI AND ANR.

)...RESPONDENTS WITH CRIMINAL APPLICATION NO.464 OF 2016 IN CRIMINAL APPEAL NO.1193 OF 2013 RAJEEV BAHADUR )...APPLICANT

IN THE CASE OF

RUPAK NARENDRA BAHADUR )...APPELLANT V/s.

CBI, ACB, MUMBAI AND ANR.

)...RESPONDENTS Mr.Amit Kadam i/b. Mr.V.N.Shingnapurkar, Advocate for the Applicant.

Mr.H.S.Venegaonkar a/w. Mr.A.L.Bhise, Advocate for the Respondent / CBI.

Mr.S.V.Gavand, APP for the Respondent - State. avk 1/3

CORAM

:

A. M. BADAR, J.

DATE :

23rd FEBRUARY 2018 P.C. :

Heard.

The Criminal Appeal bearing No.1193 of 2013 is filed by Rupak Narendra Bahadur/original accused challenging his conviction for offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act as well as the resultant sentence imposed on him by the learned Special Judge in CBI Special Case No.76 of 2009.

During pendency of the appeal, the applicant/accused Rupak Narendra Bahadur passed away on 27th October 2015 as reported by his son Rajeev Bahadur by filing Criminal Application No.464 of 2016. Original Death Certificate issued by the SubRegistrar, K Ward of Municipal Corporation of Greater Mumbai issued under Section 12/17 of the Registration of Births and avk 2/3

Deaths Act, 1969, as well Rules framed thereunder, is annexed to the Criminal Application No.464 of 2016. The same is marked as Exhibit"X" for the purpose of identification. Applicant Rajeev Bahadur is not interested in prosecuting the appeal after death of appellant Rupak Narendra Bahadur, as seen from the averments made in the application. In this view of the matter, Criminal Appeal bearing no.1193 of 2013 stands abated and the same be consigned to Record.

Consequently, Criminal Application bearing No.464 of 2016 also stands disposed of.

(A. M. BADAR, J.) avk 3/3