The High Court held that the appellant, who died during the pendency of the criminal appeal, abated the proceedings. The appeal was dismissed as it could not continue after the demise of the appellant.
Appeal abated. Record and proceedings sent back to Sessions Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPEAL NO.42 OF 2001
Ankush Baburao Khade Age 22 years, Occu.Agri., R/o Phulenagar, Purna, Taluka Purna, Dist.Parbhani
..Appellant
Versus
The State of Maharashtra, through Police Station Purna, Taluka Purna, Dist.Parbhani
..Respondent
Mrs A.N.Ansari, Advocate for appellant Mr S.G.Nandedkar, A.P.P. for respondent
CORAM : S.S. SHINDE AND N.W. SAMBRE, JJ
DATE : 23rd December 2014
PER COURT
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appears that written report from the Member of Municipal Council viz. Uttam Mugaji Khandare was also received by the Police Station informing that the appellant expired about 9 to 10 years back.
( N.W. SAMBRE, J.)
( S.S. SHINDE, J.)
(vvr/42.01criapeal)
1 issue framed by the court
Whether the criminal appeal stands abated upon death of the appellant during its pendency.
1 provisions across 1 enactments
Ankush Baburao Khade
The State of Maharashtra
S.S. SHINDE
N.W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
