IMPORTANT POINT
An appeal involving a composite sentence of imprisonment and fine does not abate upon the death of the accused, allowing legal heirs to continue the appeal.

ORDER :

1. This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed for recalling order dated 12.01.2018 (Annexure A/3) passed in Criminal Appeal No.3324/1999 (Ganesh Rao Shindey v. State of M.P.).

2. The facts of the case is that the petitioner’s husband Ganesh Rao Shendey, now deceased, was convicted by the Special Judge, Raipur in Special Case No.11/92 and vide judgment dated 06.12.1999 (Annexure A/1), he was sentenced to rigorous imprisonment for 03 years and fine of Rs.2,000/- each under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and 03 months simple imprisonment in default of payment of fine.

3. Feeling dissatisfied and aggrieved by the aforesaid judgment dated 06.12.1999, Ganesh Rao Shendey filed a criminal appeal bearing No.3324/1999 before this Court. However, during the pendency of the said appeal, unfortunately, he died on 16.09.2016 and when his appeal came up before a co-ordinate bench of this Court on 12.01.2018, the learned State Counsel reported that he has died and his death certificate along with report of the TI, Police Station, Basna were also filed in support of the same. Accordingly, it was recorded that since the sole appellant Ganesh Rao Shendey has died and none of his near relative has applied within the limitation period to continue the appeal and, therefore, the criminal appeal was disposed of as having been abated. Now, his wife has preferred this CRMP under Section 482 of the Code of Criminal Procedure, 1973 for recalling order dated 12.01.2018 passed in Criminal Appeal No.3324/1999 stating that since it is a case of a composite sentence of imprisonment as well as fine, therefore, in light of decision of the Supreme Court in the matter of Ramesan v. State of Kerala, (2020) 3 SCC 45, the appeal could not have been disposed of as having been abated and as such, the aforesaid appeal should be restored for hearing in accordance with law.

4. Learned State Counsel would submit that since the petitioner herein did not approach this Court within the period of limitation to continue the appeal, therefore, the appeal has rightly been disposed of as having been abated.

5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the material available on records with utmost circumspection.

6. The issue involved in this petition is no longer res integra as it has already been adjudicated conclusively by the Supreme Court in the matter of Ramesan (supra), wherein their Lordships have held in paragraphs 14, 15, 16 & 20 as under :-

“14. This Court had occasion to consider the case of a composite sentence of imprisonment as well as fine in Harnam Singh v. State of H.P., (1975) 3 SCC 343. In the above case, the accused was convicted under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 as well as under Section 161 of the Penal Code and he was sentenced to rigorous imprisonment of two years and to a fine of Rs 300. Contention was raised before this Court that since the deceased was not sentenced to pay a fine only but was punished with a composite sentence of imprisonment and fine, the appeal would abate as regards the sentence of fine also. Such contention was noted in para 4 of the judgment, which is to the following effect: (SCC p. 345)

"4. The learned counsel for the State of Himachal Pradesh, who are respondents to the appeal, has raised a preliminary objection to the right of the appellant's widow to prosecute the appeal. He contends that the substantive sentence of imprisonment imposed on the appellant Harnam Singh came to an end with his death and therefore the appeal in regard to that sentence stands abated. As regards the sentence of fine, it is contended that since the deceased appellant was not sentenced to pay a fine only but was punished with a composite sentence of imprisonment and fine, the appeal would abate as regards the sentence of fin