Pundalik Chandar Onkare Deceased ... vs The State Of Maharashtra
2021 Latest Caselaw 4295 Bom

                                                               12. ia 832-2021 IN a 442-05.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
                              INTERIM APPLICATION NO. 832 OF 2021
                                                   IN
                                 CRIMINAL APPEAL NO. 442 OF 2005


            Pundalik Chandar Onkare deceased
            Through Legal Heirs
            Mangal Pundalik Onkare and Ors.                       ...Applicants
                 Versus
            State of Maharashtra                                  ...Respondent
            Mr. Nagesh Y. Chavan for the Applicant.

            Mr. S.V.Gavand, A.P.P for the Respondent-State.

                                            CORAM : REVATI MOHITE DERE, J.

DATE : 9th MARCH, 2021 P.C. :

1. Perused the application. By this application, the applicant

seeks the following substantive prayers.

'(a) This Hon'ble Court be pleased to grant leave to the

applicants to bring on record the present applicants as heirs and

legal representatives of the sole appellant namely Pundalik

Chandar Onkare and permit the applicants to amend the cause

title of the Criminal Appeal No.442 of 2005 accordingly;

(b) Such other orders and reliefs be granted in favour of the

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12. ia 832-2021 IN a 442-05.doc

applicants.'

2. Perused the papers. This application is preferred by legal heirs

of Pundalik Chandar Onkare, the sole appellant who has challenged the

judgment and order dated 05/04/2005 passed by the Special Judge, Pune in

Special Case No. 6 of 2003, convicting him for the offences punishable

under Section 13(1)(d) of the Prevention of Corruption Act and sentencing

him to suffer rigorous imprisonment for two years and to pay fine of

Rs.3000/-, in default, to suffer further rigorous imprisonment for six

months.

3. The aforesaid appeal was admitted by this Court on

02/05/2005. The appellant's sentence was also suspended, pending the

hearing and final disposal of the aforesaid appeal. The appellant expired on

19/09/2020, leaving behind the applicants as his heirs and legal

representatives.

4. Considering that the applicants are legal heirs of the original

appellant, the application is allowed. Learned Counsel for the sole

appellant is permitted to amend the cause title of Criminal Appeal No.442

of 2005 substituting the names of the applicants as appellants.

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5. Application is accordingly disposed of on the aforesaid terms.

6. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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