Usman Amir Kelgave And Another vs The State Of Maharashtra
2023 Latest Caselaw 10884 Bom

                                                                     904(i)-apealst-10601-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                 CRIMINAL APPEAL (STAMP) NO.10601 OF 2023

                       USMAN AMIR KELGAVE AND ANOTHER
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                                       ...
           Advocate for Applicants : Mr. Gangakhedkar Shailendra S.
                APP for Respondent - State : Mr. S. D. Ghayal
                                       ...
                                    CORAM :      SMT. VIBHA KANKANWADI AND
                                                 ABHAY S. WAGHWASE, JJ.

                                    DATE   :     19th October, 2023.

ORDER :-

.      Since the arguable points are made, the appeal stands admitted.

2. Issue notice to the respondent. Learned APP waives notice for the

respondent - State.

3. It appears from the impugned judgment that the fine amount has

been directed to be given to the mother of deceased as compensation under

Section 357(1) of the Code of Criminal Procedure. Under the said

circumstance, in view of the decision in Emperor Vs. Chhunilal Bhagwanji,

[AIR (29) 1942 Bombay 205 (1)], the appellants are directed to make the

mother of the deceased as party respondent.

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904(i)-apealst-10601-2023.odt

4. Amendment to be carried out within a period of one week.

5. After the amendment is carried out, issue notice to the added

respondent, returnable on 30.11.2023.

[ ABHAY S. WAGHWASE ]                       [ SMT. VIBHA KANKANWADI ]
       JUDGE                                           JUDGE


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