Supreme Court · 2008 INSC 754 · Decided 13 June 2008
Shri Shankar Prasad Ghosh (Dead) v. The State of Bihar & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 754 · [2008] 9 S.C.R. 1163
- Case number
- CRIMINAL APPEAL No. 473/1998
- Decided
- 13 June 2008
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 394, 394(2); Prevention of Corruption Act
Headnote
r Code of Criminal Procedure, 1973: s. 394, proviso - Appeal - Abatement of, on death of ap- c pellant - Leave to continue the appeal by relative - Delay in - Effect of - On facts, Conviction of appellant under Penal Code and Prevention of Corruption Act challenged before Supreme Court - Death pendency of ap- peal - Application for substitution filed after five years - No sufficient cause shown for delayed presentation - Held: Ap- D peal shall abate. s. 394 - Applicability of, to appeal before Supreme Court - Held: Applicable. The appellant-accused was held guilty of offence E
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