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CR.MA/11783/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11783 of 2011
In
CRIMINAL
APPEAL No. 240 of 2003
=========================================================
KALAVATIDEVI
RAMSURAT UPADHYAY & 3 - 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
MR LR PUJARI,
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 06/09/2011
ORAL
ORDER
1. Heard
learned advocate for the applicant and learned APP Mr.L.R.Pujari for
the State.
2. The
original appellant-accused Ramsurat Rambahadur Upadhyay was convicted
for the offence punishable under Section 5(2) of the Prevention of
Corruption Act by the learned Special Judge, Kutch – Bhuj in
Special Case No.6 of 1989. The said judgment and order is challenged
by way of filing appeal by the original appellant which is being
numbered as Criminal Appeal No.240 of 2003. During the pendency of
the appeal, the original appellant accused Ramsurat Rambahadur
Upadhyay has expired on 26.6.2011. The death certificate issued by
Registrar, Birth & Death, Govt. of Uttar Pradesh is also produced
on record.
3. The
present applicants are legal heirs of deceased Ramsurat Rambahadur
Upadhyay, who was original appellant-accused in the appeal have
preferred this application with a prayer to join them as legal
heirs of original appellant deceased Ramsurat Rambahadur Upadhyay
Bharatbhai in main Criminal Appeal No.240 of 2003 and also prayed to
condone the delay of 21 days caused in filing the present
application.
4. In
the facts and circumstances of the case and in view of the averments
made in the application, the application deserves to be allowed and
the same is allowed. Prayer in terms of para 5(i) and 5(ii) is
granted. Rule is made absolute.
(
M.D. SHAH, J. )
syed/
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