The State Of Maharashtra vs Krushna Kondiram Gomare And Ors
2021 Latest Caselaw 8237 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO. 884 OF 2004

The State of Maharashtra.                               ...Appellant.
        Versus
Krushna Kondiram Gomare and Others.               ..Respondents.

Mrs. M. M. Deshmukh, APP for the appellant - State.
None for the respondents.

                                    CORAM : PRASANNA B. VARALE &
                                            SURENDRA P. TAVADE, JJ.

Date : June 21, 2021.

P. C. :

1. The perusal of record shows that vide order dated 24 th

November 2004, the division bench of this Court was pleased to grant

leave to appeal and action under section 390 of the Code of Criminal

Procedure, 1973 was initiated. It also reveals that during the pendency

of appeal, original accused no.1 - Krushna Kondiram Gomare (respondent

no.1 in the present appeal) expired on 12 th April 2007. Copy of the death

certificate issued by the group grampanchayat of Kohare village, taluka

Karjat, district Raigad is placed on record. In view of these facts, the

appeal abates against Respondent No.1 and the same is dismissed as

abated against respondent no.1.

2. As the appeal is of the year 2004, challenging the

judgment and order of the Judicial Magistrate First Class, Karjat in

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Regular Criminal Case No. 32 of 1998, we deem it appropriate to grant

last opportunity to the learned counsel representing Respondent Nos.2

to 4. Accordingly, appeal is adjourned for two weeks. Stand over to 6 th

July 2021. On the next date, if none appears for Respondent Nos. 2 to 4,

the appeal will be heard by this Court on its own merits.

          [Surendra P. Tavade, J.]         [Prasanna B. Varale, J.]




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