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2020 DIGILAW 253 (MP)

Mahesh Sharma v. State Of M. P.

2020-02-15

ANAND PATHAK, VISHAL MISHRA

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JUDGMENT 1. At the outset, learned counsel for the respondent/State place the fax message dated 15.02.2020 from Superintendent, Central Jail Gwalior addressed to the office of Advocate General Gwalior in which fact regarding death of present appellant Mahesh S/o Ramgopal Sharma has been referred. As per the said letter No. 1051/warrant/2020 dated 15.02.2020, which shall be treated as part of the record, on 5.2.2017 at J.A.H. Hospital, appellant Mahesh Sharma passed away. Earlier he was transferred from District Jail, Guna on 26.07.2009 at Central Jail Gwalior and was in Central Jail Gwalior at the time of death. 2. Counsel for appellant nodded in affirmative. 3. Letter dated 15.02.2020 is scanned as under:-- Considering the submissions and the letter dated 15.02.2020 written by Jail Superintendent, Central Jail Gwalior, it is apparently clear that appellant has passed away and was single accused/appellant in the case in hand. Therefore, instant appeal (Cr.A. No. 531/2009) (Jail Appeal) stands abated. Appeal stands dismissed as abated.