IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.104 of 1994 HARISH CHANDRA SHETH Versus STATE OF BIHAR with CR. APP (SJ) No.97 of 1994 GYAN SINGH SAINI AND ORS Versus STATE OF BIHAR THR S.P.,C.B.I. With CR. APP (SJ) No.116 of 1994 BINOD BEHARI MUKHERJEE Versus STATE OF BIHAR ---- 6. 17.02.2009 Pursuant to the order dated 09.02.2009, passed in Cr.Appeal (SJ) No.104 of 1994 and its analogous cases, Mr. Bipin Kumar Sinha, learned counsel appearing on behalf of the CBI, submits that on enquiry, it has been found that the appellant Binod Bihari Mukherjee (Cr.Appeal No.116 of 1994) has died. In this regard, he has produced a communication addressed to him by the official of the CBI through fax enclosing therewith the death certificate of appellant Binod Bihari Mukherjee as well as the declarations made by Paresh Nath Dutta, Phani Chandra Dutta and Uday Mukherjee. Uday Mukherjee is the son of the appellant Binod Bihari Mukherjee. The said communication is placed on record which is marked as ‘X series.’ It appears that the appellant Harish Chandra Sheth, aged about 80 years at the time of judgment under appeal is also dead. - 2 - Counsel for the CBI referring to the letter dated 13.2.2009, marked as ‘X series’, submitted that the CBI Authorities are taking steps to verify about the death/survival of the aforesaid appellant Harish Chandra Sheth, son of late Mohan Lal Sheth, Harish Electrical Services, Dakbunglow Road Patna, P.S.Kotwali who is the sole appellant in Cr.Appeal No.104 of 1994. This Court finds that there is no application filed seeking substitution in Cr.Appeal No.116 of 1994. The aforesaid appeal, therefore, filed by the sole appellant (since deceased) stands abated. As prayed for, list this matter after two weeks. It is expected that the CBI, in the meanwhile, shall verify as to whether appellant Harish Chandra Sheth (Cr.Appeal No.104/94) is dead or alive and a positive statement shall be made at the Bar in this regard Let a plain copy of this order be handed over to Mr. Bipin Kumar Sinha, Standing Counsel, CBI. HR ( Kishore K. Mandal )