IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No 606 of 1990 For Approval and Signature: Hon'ble MR.JUSTICE M.H.KADRI and Hon'ble MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- SHERALI @ SHERU JUSAF MIYANA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Appeal No. 606 of 1990 MR BA VAISHNAV for Petitioner No. 1 Mr. B.D. Desai, APP for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.H.KADRI and MR.JUSTICE M.C.PATEL Date of decision: 18/11/2002 ORAL JUDGEMENT (Per : MR.JUSTICE M.H.KADRI) 1. Learned Additional Public Prosecutor, Mr. B.D. Desai, on instructions received from the Central Prison, Ahmedabad, has made a statement before the Court that the sole appellant, SHERALI @ SHERU JUSAF MIYANA, while in custody, had expired on February 23, 1995. The learned APP has also produced the report submitted by the Jail Superintendent, Ahmedabad Central Prison, to that effect. The report is ordered to be taken on record. 2. In that view of the matter, the appeal against the conviction of the sole appellant finally abates under the provisions of Section 394 of the Code of Criminal Procedure, 1973. Order accordingly. (M.H. Kadri, J.) (M.C. Patel, J.) (swamy)