Supreme Court of India · 2008-06-13
Shankar Pd. Ghose (Dead) vs State Of Bihar & Anr
- Citation / case number
- AIR 2009 SC (SUPP) 447
- Court
- Supreme Court of India
- Petitioner
- Shankar Pd. Ghose (Dead)
- Respondent
- State Of Bihar & Anr
- Author
- Arijit Pasayat
- Bench
- P.P. Naolekar, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the appeal of Shankar Prasad Ghosh against his conviction under Sections 409, 477A, 467, and 471 IPC, as well as under the Prevention of Corruption Act, 1947. The Court held that the appeal does not abate upon the death of the appellant, allowing legal heirs to continue the appeal concerning the fine imposed, as per the principles established in State of A.P. v. S. Narasimha Kumar. However, the Court noted that the delay in filing applications to bring legal heirs on record, nearly five years post-death, was not condonable under Section 394(2) of the CrPC, leading to the dismissal of the applications.