Sunanda Pandurang Kumbhar vs State Of Maharashtra
2023 Latest Caselaw 6833 Bom

                                                                 39-IA-1900-2023.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 1900 OF 2023
                                   WITH
                    INTERIM APPLICATION NO.1899 OF 2023
                                     IN
                      CRIMINAL APPEAL NO. 661 OF 2003

 Sunanda Pandurang Kumbhar                       ...Applicant/Appellant
       Versus
 The State of Maharashtra                        ...Respondent
                                         ....
 Ms. Kanchan T. Pawar a/w Ms. Ruchita Pawar, Advocate for the
 Applicant/Appellant.
 Mr. Y. M. Nakhwa, APP for the Respondent - State.

                                         ....

                           CORAM   :        PRAKASH D. NAIK, J.

                           DATE    :        11th JULY, 2023.

 PER COURT:

1. Learned A.P.P. pointed out the Judgment and order dated

24.04.2022. The appeal preferred by co-accused Kishor Shankarrao

Hile was allowed and the conviction was set aside. However, the

appeal preferred by the applicant viz. Criminal Appeal No.661 of

2003 was disposed off on the ground that, it has abated on account

of death of the appellant.

2. Learned Advocate for the Applicant submitted that, none

appeared for the applicant and at that point of time, the application

for pursuing the appeal on behalf of legal-heirs could not be

preferred. The applicant may be permitted to prefer application for

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39-IA-1900-2023.doc

recalling the order of abatement of appeal passed by this Court on

24.04.2023.

3. In view of the aforesaid circumstances, the applicant/original

appellant is permitted to prefer an application for recalling order

dated 24.04.2023 passed in Criminal Appeal No.661 of 2003

disposing the said appeal on the ground that it has abated.

4. Stand over to 25th July, 2023.

                                            (PRAKASH D. NAIK, J.)




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