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june 2008

Supreme Court of India · 2008-06-13

SHANKAR PD. GHOSE (DEAD) vs STATE OF BIHAR

Citation / case number
SC 1998/3878
Court
Supreme Court of India
Petitioner
SHANKAR PD. GHOSE (DEAD)
Respondent
STATE OF BIHAR
Author
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, and Sections 5(2) and 4(1)(c) of 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 regarding the sentence of fine, as established in State of A.P. v. S. Narasimha Kumar. However, the Court denied the applications to bring legal heirs on record due to the delay of nearly five years, emphasizing the statutory time limit of 30 days under Section 394(2) of the Code of Criminal Procedure, 1973.

SHANKAR PD. GHOSE (DEAD) vs STATE OF BIHAR · Niyam