STATE Vs. KISHOR KUMAR KANUNGO & OTHERS

JUDGEMENT

(1.) The State through the CBI vide Criminal M.A. No. 83/2003 sought leave to file the appeal against the impugned judgment dated 24.1.2003 of the learned Special Judge, Delhi in CC No. 32/1993 RC No.50(A)/92/CBI/ACP, New Delhi vide which the three accused arrayed as the respondents herein were acquitted in relation to the charges framed against them of the alleged commission of offences punishable under Section 120-B of the Indian Penal Code, 1860, read with Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 as well as for the substantive offences punishable under Section 17(2) read with Section 13(1)(d) of the said enactment. Vide order dated 2.2.2003 leave to appeal was granted it having been observed to the effect that it was a trap case and the respondents were allegedly caught red handed accepting the bribe. Thus the appeal was registered as Criminal Appeal No. 792/2003.

(2.) The Trial Court Record was requisitioned. The appeal was admitted vide order dated 16.8.2004, the respondents put in appearance, surrendered before the High Court and were released on bail on their furnishing personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Trial Court. The respondent no.1 arrayed to the appeal has expired during the pendency of the appeal as was submitted on 16.3.2011 by the respondents No. 2 and 3 and which factum of demise of the respondent No.1 was submitted on 29.11.2017 on behalf of the State to have been verified as per the reconstructed Trial Court Record that has been received indicating vide the death certificate No. 3934770 putting forth that the respondent No.1 had expired on 4.12.2009.

(3.) Criminal M. A. 58/2003, the application seeking condonation of delay in filing the appeal was allowed and the delay in institution of the appeal was condoned vide order dated 12.11.2003.