Bombay High Court
Raju S/O Madhukar Bagde vs The State Of Maharashtra, Thr. ... on 12 August, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 613 OF 2022 IN
CRIMINAL APPEAL NO.142 OF 2016
Raju s/o Madhukar Bagde Vs. State of Maharashtra
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri Rajesh Manmode, Advocate h/f Shri P.A. Abhyankar, Advocate
for applicant/appellant.
Shri A.R. Chutke, APP for respondent/State.
CORAM : G.A. SANAP, J.
DATE : AUGUST 12, 2022.
Heard learned Advocate for the applicant and
learned Additional Public Prosecutor for
non-applicant/State. Perused the record and proceedings.
2. By the impugned judgment and order dated
01.04.2016 passed by the learned Special Judge and
Additional Sessions Judge, Bhandara in Special Criminal
(Child) Case No.9/2013, the appellant was convicted under
Sections 354(A)(i), 354-A(1)(iii), 354-A(1)(iv) of the Indian
Penal Code and sentenced to suffer rigorous imprisonment
for 6 months, 3 months and 1 month respectively and also to
pay fine of ₹500/-, in default, suffer further rigorous
imprisonment for 15 days.
3. This application has been made for condonation of
delay caused in making the application for leave to continue
with appeal after death of her husband.
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4. It is stated that the appellant has expired on
23.04.2021. The applicant is the wife of deceased appellant.
It is stated that she is desirous to prosecute the appeal. The
application has not been made within 30 days from date of
death. The reasons for delay have been stated in the
application.
5. Considering the reasons mentioned in the application,
the delay is condoned. The application stands disposed of.
CRIMINAL APPLICATION (APPA) NOS.614 & 615 OF 2022
6. In Criminal Application No.614 of 2022 a prayer is
made to set aside the abatement of appeal.
7. In Criminal Application No.615 of 2022 a prayer is
made to allow the applicant/wife of deceased appellant to
prosecute the appeal. The reasons have stated in paragraph
4 of the application. The delay caused in making the
application for leave to continue the appeal has already been
condoned. The appeal has abated.
8. In the facts and circumstances particularly for the
reasons stated in paragraph 4 of the application, the
applicant has made out a case to grant her leave to continue
with the appeal filed by her deceased husband.
9. Accordingly, abatement of the appeal is set aside. The
applicant/wife of the deceased appellant is allowed to
continue the appeal. Her name be brought on record in
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place of the deceased appellant. Necessary amendment be
carried out in terms of above order within a week from
today.
10. The applications stand disposed of.
JUDGE
Wagh
