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Judgment
Heard the parties through video conferencing.
Learned counsel for the appellant submits that the appellant has died on 30th September, 2015.
Mr. Rohit Roy- learned counsel for the appellant relying upon the judgment of Hon'ble Supreme Court of India passed in the case of Ramesan (Dead) Through Legal Representative Girija A. Vs. State of Kerala reported in (2020) 3 SCC 45 para-16 of which reads as under:-
"The above judgment categorically laid down that even if sentence of fine is imposed along with the sentence of imprisonment under Section 431, such appeal shall not abate. The similar expression, which was used in Section 431 i.e. "except an appeal from the sentence of fine" has been used in Section 394 CrPC. Thus, the appeal in the present case where the accused was sentenced for imprisonment as well as for fine has to be treated as an appeal against fine and was not to abate and the High Court did not commit any error in deciding the appeal on merits."
submits that since the sentence of the appellant includes fine also, hence, the legal representatives of the deceased-appellant be given an opportunity to continue the appeal. Hence, Mr. Rohit Roy prays for time.
Since, Mr. Rohit Roy has been appearing for the appellant during his lifetime, hence, Mr. Rohit Roy is appointed as Amicus Curiae to assist this court in this appeal. In the meanwhile Mr. Rohit Roy may file application on behalf of the legal representatives of the deceased- appellant, if any of them is desirous of participating in hearing of this appeal.
Prayer for time is allowed as the last chance.
List this appeal after six weeks.