The High Court of Judicature at Bombay held that the criminal appeal abated due to the death of the sole appellant, recording the matter and noting consequential abatement of a related appeal.
Appeal dismissed on account of abatement due to death of the appellant.
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(19)APEALNo.2952015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.295 OF 2015 WITH CRIMINAL APPEAL (ST) NO.582 OF 2015
Vikram @ Vicky Hanmant Babar ... Appellant V/s. The State of Maharashtra ... Respondent
Mr.Pranot P. Pawar i/b. Chaudhari & Associates, Advocate for the Appellant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 11th OCTOBER 2018.
P.C. :
1 The learned Additional Public Prosecutor has tendered a communication addressed to his office by the Police Inspector of Vaduj Police Station along with Death Certificate. The same is taken on record and marked as Exhibit 'X' for the purpose of identification.
2 The Death Certificate shows that the appellant/accused died on 11/05/2016. The appeal is challenging conviction of the appellant/accused for the offences punishable under Sections 363
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Gaikwad RD
(19)APEALNo.2952015
and 376 of the Indian Penal Code. The appeal therefore, stands abated because of death of sole appellant and the same is consigned to record.
3 In view of abatement of the instant Criminal Appeal another Criminal Appeal bearing (Stamp) No. 582 of 2015, which was registered on the basis of communication sent by the deceased appellant through jail also stands abated.
(A.M.BADAR J.)
Raju Dattatraya Gaikwad
Digitally signed by Raju Dattatraya Gaikwad Date: 2018.10.12 12:27:19 +0530
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Gaikwad RD
Vikram @ Vicky Hanmant Babar
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
