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Judgment
The matter comes up on a communication dated 01.02.2023 received from the Additional Sessions Judge, Sojat, District Pali inter-alia indicating that the appellant accused has not appeared for marking his presence in terms of directions given in D.B. Criminal Misc Suspension of Sentence Application (Appeal) No.44/2003 in D.B. Criminal Appeal No.1021/2002.
A perusal of the record indicates that on account of non-appearance of the appellant accused in January-2022, on 18.04.2022, he was summoned through bailable warrant, wherein on 05.05.2022 it was noticed that the appellant accused was suffering from hemiplegia and was unable to move or speak and, therefore, the bailable warrant was discharged and the condition imposed in the order suspending the substantive sentence dated 21.01.2003 regarding marking of the presence in the month of January each year, was waived. Whereafter, it was directed that the report regarding status of the appellant be regularly sent to this Court, which were noticed on 31.08.2022 and 16.11.2022.
Today, when the matter has come up before the Court, learned Public Prosecutor submits that appellant has died on 01.01.2023 during pendency of the present appeal and a copy of death certificate in this regard has been annexed with the report sent by the SHO, Police Station Bagdri Nagar, District Pali.
The information in this regard is taken on record. The appeal filed by the appellant is dismissed as having abated under Section 394 Cr.P.C., 1973.