Raju S/O Tanbaji Moon v. State Of Maharashtra, Through Dy. Superintendent Of Police, A.C.B. Wardha

Order 2307appa353.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 353/2021 IN CRIMINAL APPEAL NO. 10/2016.

Raju Tanbaji Moon.

-VERSUSThe State of Maharashtra, Thr. Dy.Suptd. Of Police, ACB Wardha. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri A.R. Sharma, Advocate for the Appellant/Applicant. Shri H.d. Dubey, A.P.P. for the Respondent/Non-applicant. CORAM : VINAY JOSHI, J.

DATE : JULY 23, 2021.

Hearing was conducted through Video Conferencing.

2.

The applicant/appellant has filed this appeal against his conviction by the Sessions Judge, Wardha in Special ACB Case No.5/2007 dated 30.12.2015. By this application, the applicants who are legal heirs of the original appellant/accused informs that the appellant/ accused had expired on 24.04.2021 and still they desire to continue with the appeal for the purpose

Order 2307appa353.21 of getting pensionary benefits.

3.

The State has no objection for allowing this application.

4.

The appellant/accused was a government employee [Talathi], against whom charges under Prevention of Corruption Act were proved resulting into his conviction. Naturally due to said conviction, his pensionary benefits must have been withheld. Having regard to the said fact, the applicants who are legal heirs of deceased appellant / accused are permitted to continue with the appeal.

5.

Criminal Application is accordingly allowed and disposed of.

JUDGE Rgd.