Gani Mehboob Sayyad vs The State Of Maharashtra
2023 Latest Caselaw 2325 Bom

                                   (1)                     925 cri appeal 375.18

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                 925 CRIMINAL APPEAL NO. 375 OF 2018

                        GANI MEHBOOB SAYYAD
                                VERSUS
                     THE STATE OF MAHARASHTRA
                                   ...
                Advocate for Appellant : Mr. S.S. Thombre
               APP for Respondents/State : Mr. R.V. Dasalkar
                                   ...


                                  AND
                     CRIMINAL APPEAL NO. 389 OF 2018

                        NILESH DEVILAL CHIKSE
                                 VERSUS
                     THE STATE OF MAHARASHTRA
                                    ...
                  Advocate for Appellant : Mr. S.V. Natu
               APP for Respondents/State : Mr. R.V. Dasalkar
                   Advocate for R/2: Mr. Jeevan R. Patil


                                  AND
                     CRIMINAL APPEAL NO. 632 OF 2020

                   PAPPYA @ SALIM KHWAJA SHAIKH
                                 VERSUS
                 THE STATE OF MAHARASHTRA & ORS.
                                    ...
               Advocate for Appellant : Mr. Sandip R. Sapkal
               APP for Respondents/State : Mr. R.V. Dasalkar
                   Advocate for R/3: Mr. Jeevan R. Patil
                                    ...




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                                             (2)                   925 cri appeal 375.18

                                        AND
                           CRIMINAL APPEAL NO. 633 OF 2020

                               SAMEER NIJAM SAYYED
                                      VERSUS
                           THE STATE OF MAHARASHTRA
                                          ...
                     Advocate for Appellant : Mr. Shejwal Avinash
                     APP for Respondents/State : Mr. R.V. Dasalkar
                                          ...

                                     CORAM :      SMT. VIBHA KANKANWADI &
                                                  Y.G. KHOBRAGADE, JJ.

                                     DATE     :   10th March, 2023

P.C. :-

1. We have perused the impugned judgment and it has been rightly pointed out by the learned APP that amount of Rupees Ten Lakhs has been awarded as compensation to the legal representatives of the two deceased each and when the entire judgment is challenged including the order of granting compensation which is under Section 357 (1) of the Cr.P.C,. "in view of Emperor V/s. Chunilal Bhagwanji, AIR (29) 1942 Bombay 205 (1)", those legal heirs are necessary party. We therefore direct all the appellants to add the legal heirs of both the deceased as party respondents. Such information be gathered and amendment be carried out on or before 31.03.2023.

2. Place the matter for further consideration on 03.04.2023 upon which (taking into consideration the progress in respect of carrying out amendment) steps for issuing notice to those added respondents be taken.

[Y.G. KHOBRAGADE, J.] [SMT. VIBHA KANKANWADI, J.]

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