Sanjay S/O Rajanna Dayalwar v. State Of Mah. Thru. Dy. Suptd. Of Police

Order 0901apeal759.08

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 759 /2008.

Sanjay Rajanna Dayalwar -VERSUSState of Maharashtra.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

None for the Appellant.

Shri H.D. Dubey, A.P.P. for respondent - State. CORAM : VINAY JOSHI, J.

DATE : JANUARY 09, 2020.

Heard learned A.P.P. for respondent - State.

2.

This is an appeal of convicted accused namely Sanjay Rajanna Dayalwar. The appellant / accused was convicted by the Special Court in Special Case No. 18/2004, for commission of offence punishable under Sections 7, 13[1][d] read with Section 13[2] of the Prevention of Corruption Act.

Order 0901apeal759.08 3.

Since the accused was absent, bailable warrant was issued by this Court. In response, a report is submitted that the respondent / accused had expired on 08.05.2011, and therefore, the warrant was not executed. Copy of death certificate issued by the Municipal Council is produced on record, along with the report.

4.

Since the convicted accused is no more, the appeal would not survive. True, his legal heirs can continue with the appeal, but, nobody is coming forward expressing desire to prosecute the appeal. In the circumstances, no purpose would be served in keeping the matter alive. Hence, the appeal abates and is disposed of accordingly. JUDGE Rgd.