Sandeep K. Shinde, J. - (1.) Suresh Damodar Kagane, accused no.1 in Special Case No.2 of 1988 was convicted and sentenced, by the Learned Special Judge, Solapur, for the (i) offence punishable under Section 120-B of the Indian Penal Code ("IPC" for short) and sentenced to suffer rigorous imprisonment for the period of one year and to pay fine in sum of Rs.5,000/- in default to suffer further rigorous imprisonment for six months. (ii) convicted for the offence punishable under Section 409 of Indian Penal Code and sentenced to suffer rigorous imprisonment for the period of one and half year and to pay fine in sum of Rs.7,500/- in default to suffer further rigorous imprisonment for nine months. (iii) convicted for the offence punishable under Section 420 of the IPC and sentenced to suffer rigorous imprisonment for the period of one and half year and to pay fine of Rs.7,500/-, in default to suffer further rigorous imprisonment for nine months. (iv) convicted for the offences punishable under Sections 468, 471, 477-A read with Section 109 of the Indian Penal Code and for each of the offence, he is sentenced to rigorous imprisonment for the period of one year and to pay fine in the sum of Rs.2,000/-, in default, to suffer further rigorous imprisonment for three months. (v) convicted for the offence punishable under Section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for the period of one year and to pay fine in sum of Rs.4,000/-, in default, to suffer rigorous imprisonment for nine months. (vi) convicted for the offence punishable under Section 5(2) read with Section 5(1)(c) but no separate sentence is inflicted and directed further that, all substantive sentences shall run concurrently.
(2.) Suresh Kagane, was a Sales Tax Officer, a public servant.
(3.) Pending Appeal, he passed away on 30th November, 2001. His legal heirs, sought leave to contest the Appeal filed by Suresh Kagane. As such, leave was granted by the learned Judge of this Court vide order dated 10th March, 2015. In para-2 of the order, the learned Judge has observed thus : "I find the sentence imposed upon the original appellant was also of fine. As such, appeal would not abate in view of the provisions of Section 394 of the Code of Criminal Procedure. Appeal would, in any way, would be required to be decided on merits. As such, application needs to be allowed".;