GOPIKALA SHENDEY Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed for recalling order dtd. 12/1/2018 (Annexure A/3) passed in Criminal Appeal No.3324/1999 (Ganesh Rao Shindey v. State of M.P.).

(2.) The facts of the case is that the petitioner's husband Ganesh Rao Shendey, now deceased, was convicted by the Special Judge, Raipur in Special Case No.11/92 and vide judgment dtd. 6/12/1999 (Annexure A/1), he was sentenced to rigorous imprisonment for 03 years and fine of Rs.2,000.00 each under Sec. 7 and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and 03 months simple imprisonment in default of payment of fine.

(3.) Feeling dissatisfied and aggrieved by the aforesaid judgment dtd. 6/12/1999, Ganesh Rao Shendey filed a criminal appeal bearing No.3324/1999 before this Court. However, during the pendency of the said appeal, unfortunately, he died on 16/9/2016 and when his appeal came up before a co-ordinate bench of this Court on 12/1/2018, the learned State Counsel reported that he has died and his death certificate along with report of the TI, Police Station, Basna were also filed in support of the same. Accordingly, it was recorded that since the sole appellant Ganesh Rao Shendey has died and none of his near relative has applied within the limitation period to continue the appeal and, therefore, the criminal appeal was disposed of as having been abated. Now, his wife has preferred this CRMP under Sec. 482 of the Code of Criminal Procedure, 1973 for recalling order dtd. 12/1/2018 passed in Criminal Appeal No.3324/1999 stating that since it is a case of a composite sentence of imprisonment as well as fine, therefore, in light of decision of the Supreme Court in the matter of Ramesan v. State of Kerala,(2020) 3 SCC 45 the appeal could not have been disposed of as having been abated and as such, the aforesaid appeal should be restored for hearing in accordance with law.