Allowed

Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate and Ors. v. the State of Maharashtra

Bombay HC15 Mar 2017APPA/104/2017

Case brief

AI extract

What is this about?

This application sought condonation of delay in applying for leave to prosecute an appeal filed by a deceased appellant. The single judge allowed the applications, condoning the delay and permitting the legal heirs to continue the appeal against conviction under the Prevention of Corruption Act.

What did the court decide?

Applications for condonation of delay and for granting leave to prosecute the appeal were allowed; legal heirs permitted to continue the appeal.

Mahadev Sidram Devkate Since Deceased… — Constitutional and Fundamental Rights | Bombay HC (2017)

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27-APPA-104-2017.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.104 OF 2017 IN CRIMINAL APPLICATION NO.280 OF 2016 IN CRIMINAL APPEAL NO.872 OF 2003

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Mahadev Sidram Devkate Since deceased through legal heirs 1. Smt. Jayashree M. Devkate & Ors.

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)...Applicants

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V/s. State Of Maharashtra )...Respondent

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Mr. P.R.Suryawanshi i/by G.M.Savagave, Advocates for the Applicants.

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Mr. Vinod Chate, APP for the Respondent - State.

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CORAM : A. M. BADAR, J. DATE : 15^th MARCH, 2017.

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P.C. :

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These are applications for condonation of delay in

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applying for leave to prosecute the appeal through legal heirs of the deceased Appellant-Accused.

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2 Heard learned Advocate appearing for the

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Applicants/legal heirs of the deceased Appellant. He argued that in order to remove stigma of conviction, legal heirs of the

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Shivgan 1/3

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27-APPA-104-2017.doc

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deceased Appellant have decided to prosecute the appeal filed by him. In order to take it to its logical end as they were not aware of the procedural formalities, there is delay in filing application for leave to prosecute the appeal. My attention is drawn to Section 394 of Cr.P.C. by the learned Advocate for the Applicants.

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3 I have also heard the learned APP appearing for the State. The Appellant-Accused Mahadev Sidram Devkate was convicted of the offence punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and he has challenged that conviction and sentence by filing appeal before this Court. During the course of pendency of the appeal, the Appellant-Accused died on 9.8.2013. As such, his legal heirs have moved these applications for condonation of delay as well as for granting leave to prosecute the appeal by setting aside abatement , if any.

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4 Considering the stated reasons in both these applications, both these applications are allowed. Delay in filing application for leave to prosecute the appeal is condoned. Applicants/legal heirs of the deceased Appellant-Accused are

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Shivgan 2/3

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27-APPA-104-2017.doc

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permitted to continue the appeal.

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(A. M. BADAR, J.)

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Shivgan

Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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