Gujarat High Court Case Information System
Print
CR.MA/11340/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11340 of 2008
In
CRIMINAL
APPEAL No. 719 of 2001
=========================================================
FARIDABIBI
MOHAMMADKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 04/09/2008
ORAL
ORDER
RULE.
Mr. Pandya, learned APP waives the service of rule on behalf of
respondent-State.
1. By
way of this application, the applicants have prayed to join them in
the proceedings of the appeal as necessary party as heirs and legal
representatives of the original appellant- Mohammadkhan Bismilakhan
Pathan(Late) and to condone the delay, if any, caused in filing this
application.
2. Heard.
From the record it transpires that the original
appellant-Mohammadkhan Bismilakhan Pathan(Late) was convicted for the
offences punishable under Section 7, 12, 13(1)(d) read with Section
13(2)of the Prevention of Corruption Act and was sentenced to undergo
imprisonment for five years and to pay fine of Rs.2,000/- and in case
of default to undergo further imprisonment for a period of one year
by the learned Special Judge(A.C.B.), Mehsana vide his judgment and
order dated 10.08.2001 passed in Special A.C.B. Case No.8 of 1998.
3. Being
aggrieved and dissatisfied with the judgment and order of the trial
Court, the original appellant preferred an appeal before this Court
being Criminal Appeal No.719 of 2001 which was admitted by this
Court(Coram : Hon’ble Mr. Justice M.H. Kadri,J.)on 31.08.2001. During
the pendency of the Appeal, the original appellant expired on
08.10.2006. Hence, the applicant No.1-Faridabibi Mohammadkhan
Pathan(Wife), No.2-Mohsinkhan Mohammadkhan Pathan(Son),
No.3-Sadikkhan Mohammadkhan Pathan(Son) and No.4-Nasrin
Mohammadkhan Pathan(Daughter) have preferred this application to
allow them to be joined as party and to continue the proceedings of
the appeal.
4. In
view of the above discussion and the averments made in paragraph No.3
of this application, the application is allowed. The applicant
Nos.1.2.1 to 1.2.4 are allowed to be
joined as party and to continue the proceedings of the appeal. The
delay, if any, caused in preferring this application is also ordered
to be condoned. Rule is made absolute.
(M.D.
Shah,J.)
Umesh/
Top