IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (LEAVE TO CONTINUE THE APPEAL)

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 578 of 2011 ==========================================================

JAGDISHBHAI HARJIVANDAS SUTHAR & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR HIMANSHU C DESAI(6832) for the PETITIONER(s) No. 1,1.1,1.2 MR. ADITYA JADEJA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 11/11/2025

IA ORDER

1. The present application is filed by the legal heirs of deceased Jagdishbhai Harjivandas Suthar seeking leave to pursue the appeal against the judgement and order dated 27.04.2011 passed by the learned Special Judge, Narmada at Rajpipla (hereinafter referred to as the “learned Trial Court”) in Special ACB Case No. 1/2010, whereby, the learned Trial Court was pleased to convict deceased Jagdishbhai Harjivandas Suthar under Sections 7, 13(1)(d) read with Section 13(B) of the Prevention of Corruption Act, 1988.

2. Being aggrieved by and dissatisfied with the judgement and order of conviction, the deceased Jagdishbhai Harjivandas Suthar had preferred an appeal before this Court which came to be admitted by an order dated 09.05.2011. During the pendency of the appeal, the original appellant – Jagdishbhai Harjivandas Suthar expired on 28.02.2025. The applicants are the legal heirs of deceased Jagdishbhai Harjivandas Suthar and in the application they have stated that the deceased appellant was serving as a Senior Clerk in the Karjan Irrigation Scheme No. 5 of the Government of Gujarat and after the judgment and order of conviction, he had been dismissed from service. The outcome of the appeal is linked to his service benefits and benefits of pension and salary to the deceased appellant. The applicants are willing to pursue the appeal and take it to the final outcome and hence, have preferred the application to be joined as legal heirs and for leave to continue the appeal.

3. Heard learned advocate Mr. Himanshu C. Desai for the applicants and learned APP Mr. Aditya Jadeja for the respondent no. 1 State.

4. Learned advocate Mr. Himanshu C. Desai has reiterated the contents of the application and has stated that there was a delay in filing the present appeal which has been condoned by a Coordinate Bench of the Court and the applicants who are the widow and son of the deceased appellant, are willing to pursue the appeal and hence, the application may be granted.

5. Learned APP Mr. Aditya Jadeja for the respondent no. 1 State has submitted that necessary orders regarding the same may be passed.

6. Considering the submissions of learned advocate for the applicants as also on perusal of the documents on record, the present application deserves consideration. Consequently, the application seeking leave to continue the appeal is granted and is disposed off accordingly.

(S. V. PINTO,J)

VASIM S. SAIYED