Application filed to substitute the deceased wife of an appellant as appellant and seek condonation of 177-day delay to continue criminal appeal relating to corruption offences. Condonation granted.
Delay condoned; applicant substituted as appellant; directed to amend appeal memo and supply amended memo to prosecution.
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904- Cri. Appln. No. 1990-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1990 OF 2021 IN APEAL/253/2005 WITH APEAL/253/2005
SONALI SHARAD GHUSALE VERSUS THE STATE OF MAHARASHTRA
..APPLICANT
.. RESPONDENT
Advocate for Applicant : Mr. R. P. Pathwardhan h/f Mr. S.S. Jadhav APP for Respondents: Mrs. G. L. Deshpande
CORAM : SURENDRA P. TAVADE, J. DATE : 21.09.2021
PER COURT :-
Perused the application. Heard learned counsel for the applicant. The original appellant was convicted for the ofences punishable under Section 7, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. He died during the pendency of the present appeal and his wife was brought on record as legal heirs. But unfortunately she also died on 6th December, 2019. Therefore, her daughter preferred this application for bringing her on record, in place of original appellant to continue with the appeal. There is delay in fling present application for 177 days and prayed for condonation of delay.
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904- Cri. Appln. No. 1990-2021.odt
( SURENDRA P. TAVADE ) JUDGE
ysk
2 issues framed by the court
Whether condonation of delay is warranted to substitute the deceased appellant's legal heir.
Whether the applicant can be substituted as appellant to continue the pending appeal.
SONALI SHARAD GHUSALE
THE STATE OF MAHARASHTRA
SURENDRA P. TAVADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
