Code of Criminal Procedure, 1973–Sec. 394(2)–Plea of the applicant that even if the appeal does not abate, yet if the application for substitution of LRs. is not filed within a reasonable period of 30 days as provided in the proviso to sub-Section (2), the appeal would otherwise abate–Declined to accept the plea because abatement can take place only by operation of law provided in Sec. 394 and not otherwise–Proviso is applicable only in a case where the appeal is against the conviction and sentence of death or of imprisonment and the appellant dies during the pendency of appeal.
