The High Court held that the criminal appeal abated and was consigned to the record as the appellant died on August 13, 2018, following reports from the police confirming his death.
The criminal appeal was abated and consigned to the record, while the criminal application was disposed of.
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.
(22)APPANo.11822015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WITH
CRIMINAL APPEAL (ST) NO.1034 OF 2003
Ravi Bhoja Shetty
... Appellant
V/s.
The State of Maharashtra ... Respondent
WITH CRIMINAL APPLICATION NO.1182 OF 2015 IN CRIMINAL APPEAL (ST) NO.1034 OF 2003
Gopal Appanna Shetty ... Applicant
In the Matter in Between :
Ravi Bhoja Shetty ... Appellant V/s. The State of Maharashtra ... Respondent .....
Mr.Abhijeet K. Mangade i/b. Mr.Prakash L. Shetty, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 21st FEBRUARY 2018.
P.C. :
1 This appeal was filed by the appellant/accused Ravi Bhoja Shetty challenging his conviction as well as resultant
Gaikwad RD
(22)APPANo.11822015
sentence imposed on him by the learned trial Court for the offence punishable under Section 304 Part II of the Indian Penal Code.
2 Criminal Application No.1182 of 2015 therein came to be filed by Gopal Appanna Shetty – surety of the appellant for intimating the death of the appellant/accused.
3 This Court vide Order dated 7th February 2018, noting absence of the learned Advocate for the appellant had ordered issuance of bailable warrant against the appellant/accused.
4 The learned Judge of the City Civil and Sessions Court, Greater Bombay, Mumbai vide writ compliance report dated 20th February 2018 has forwarded report of the Senior Police Inspector Vakola Police Station, Mumbai dated 20/02/2018 communicating the fact that the appellant Ravi Bhoja Shetty died on 13/08/2008. Photo copy of death certificate of appellant Ravi Bhoja Shetty issued by the Municipal Corporation of Greater Bombay pointing out that he died on 13/08/2018 is annexed to the said report of the Senior Police Inspector, Vakola Police Station, Mumbai. The writ compliance report dated 20/02/2018 with report of the Senior PI Vakola Police Station, Mumbai is marked as Exhibit 'X' for the purpose of identification.
5 As the prosecuting agency has reported that the appellant/accused Ravi Bhoja Shetty died on 13/08/2018, appeal stands abated and consigned to record.
2/3
Gaikwad RD
(22)APPANo.11822015
6 Consequently, the Criminal Application filed therein also stands disposed of.
(A.M.BADAR J.)
3/3
Gaikwad RD
2 issues framed by the court
Whether the criminal appeal stands abated upon the death of the appellant.
Whether the criminal application for intimating death requires further adjudication once the appeal is abated.
Ravi Bhoja Shetty
Gopal Appanna Shetty
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
