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2018 DIGILAW 195 (GUJ)

ASHOK LABHUBHAI GORASIYA v. STATE OF GUJARAT

2018-01-20

A.G.URAIZEE, S.R.BRAHMBHATT

body2018
JUDGMENT : S.R. BRAHMBHATT, J. 1. On 13th January 2018 the Court has passed the following order. “Learned APP tendered Jail remarks and submitted that according to that intimation, the accused died during pendency of appeal and therefore, the appeal stands abated. However, when the Court inquired about the Death Certificate, learned APP clarified that the Death Certificate is not available and he would need some time to place it on record. Therefore, time is granted. For the present, this appeal is adjourned to enable learned APP to place Death Certificate on record.” 2. Today, Shri Pranav Trivedi, learned APP for the respondent-State has placed on record the communication received from the Central Jail, Rajkot indicating that the appellant has died and the dead body is handed over to the relatives of the appellant. 3. Shri J. M. Buddhbhatti, learned advocate for the appellant submits that the heirs of the appellant has not approached him for continuation of appeal and has not shown any interest to continue the appeal. Therefore, the appeal be disposed of as abated. 4. In this view of the matter, present appeal is disposed of as abated.