Baldev Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRA-2085-SB-2004 Decided on : 15.03.2023 Baldev Singh @ Deva . . . Appellant(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. N.S.Sodhi, Advocate for the appellant(s).

Mr. J.S. Arora, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) On previous date of hearing i.e. 10.03.2023, factum of death of appellant- Baldev Singh @ Deva was noticed, and learned State counsel sought time to confirm the life status of appellant-Baldev Singh @ Deva. Order dated 10.03.2023 says as under:

"On request of learned State counsel, matter is taken up out of turn.

Learned State counsel on instructions from ASI Sukhpal Singh, states that as per the information collected by him, appellant Baldev Singh @ Deva has expired on 08.04.2021.

In this regard, report dated 09.03.2023 alongwith statements signed by Panchayat Member namely, Darshan Singh and Roop Singh (brother of the appellant) has also been submitted by learned State counsel in the Court and same are taken on record. Registry is directed to tag the same at appropriate place.

Learned State counsel seeks time to confirm that whether the factum of death of appellant has been registered in the office of C.M.O. or not.

Adjourned to 15.03.2023."

Today, learned State counsel on instruction from ASI Ramesh Kumar, who is present in Court has handed over him report of SHO Police Station Bahaw Wala, District Fazilka, Statement of Roop Singh (brother of the appellant), statement of Village Sarpanch-Suman Rani and panchayatnama and the statement of the village chowkidar in which factum KAVITA NAIN 2023.03.16 10:39 I attest to the accuracy and integrity of this document order/judgment

CRA-2085-SB-2004 - 2 - of death of the appellant has been recorded.

Original copies of all the said documents are filed by learned State counsel in Court today and same are taken on record. Registry is directed to tag the same at appropriate place. In view of the aforementioned facts, it is clear that appellantBaldev Singh @ Deva has expired during the pendency of present appeal and same can be disposed of having become abated. Accordingly, present appeal ordered to have abated, and same is disposed of as such. However, disposal would be subject to the terms & conditions, passed by this Court in Shivji Ram @ Dimple Vs. State of Punjab, 2022 SCC Online P&H 3759 (Law Finder Doc Id # 2076392). Appeal stands disposed of.

(SANJAY VASHISTH) JUDGE March 15, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.03.16 10:39 I attest to the accuracy and integrity of this document order/judgment