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june 2008

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.

Shankar Pd. Ghose (Dead) vs State Of Bihar & Anr · Niyam