Rule.
Learned APP Mr. Kodekar waives service of rule.
The applicants have filed this application to permit them to prosecute the above Criminal Appeal No.812 of 2004 as the original appellant has died during the pendency of Appeal.
Learned Advocate for the applicants has contended that the deceased appellant was convicted by the learned Addl. Sessions Judge, Fast Track Court No.1, Ahmedabad (Rural) in Special A.C.B. Case No. 2 of 1997. Against the said Judgement and order dated 28.4.2004 the appellant has filed the above mentioned Criminal Appeal. Learned Advocate for the applicant has contended that applicant was the public servant and all the dues are pending with the Government. If they will succeed in Appeal, the applicants, being the legal heirs of the deceased appellant, will get the benefits of pending dues. Learned APP has no objection if the applicants are permitted to prosecute the above Appeal.
Hence, Application is allowed. The applicants are permitted to prosecute the Criminal Appeal No.812 of 2004. Necessary amendment to be carried out in the Criminal Appeal within a week. Rule is made absolute.
(Z.K.SAIYED, J.) sas Top