Bombay High CourtAPPA/261/2014allowed

Arun S/O Mannalal Gour v. State Of Maharashtra Thr. Anti Corruption Bureau, Nagpur

2014-12-24Hon'Ble Shri Justice Sunil B. Shukre2 pages

2412apeal671.05.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO.778 OF 2014 AND CRIMINAL APPLICATION (APPA) NO. 261 OF 2014 IN CRIMINAL APPEAL NO. 671 OF 2005 (Arun Mannalal Gour Vs. State of Maharashtra through A.C.B., Nagpur & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P. P. Kotwal, Advocate for the applicant. Shri A. H. Laddhad, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 24 DECEMBER, 2014 APPA NO. 778/2014 :

Heard learned Counsel for the legal heirs of the appellant and learned A.P.P. for the State. For the reasons stated in the application, I am of the view that it discloses sufficient cause and, therefore, it is allowed. The delay occurred in this case is hereby condoned.

APPA NO. 261/2014 :

Heard.

The appellant has expired on 22/8/2013.

Considering the fact that the deceased appellant, a Government servant, was convicted

2412apeal671.05.odt 2/2 under the provisions of the Prevention of Corruption Act, 1988 against which this appeal has been presented by the deceased appellant, there would be a question upon the entitlement of the legal heirs of the appellant to receive retiral and terminal dues and for this purpose, it is necessary that legal heirs of the deceased appellant are allowed to be continue with the appeal on the death of the appellant or otherwise their valuable rights will be prejudicially affected.

Accordingly, this application is allowed.

Leave to continue with the appeal is granted.

JUDGE wwl