Allowed

Shyamkant Bhagoji Marchande (Since Deceased) Thru. Sujata Shyamkant Marchande v. State of Maharashtra

Bombay HC14 Jul 2022IA/1809/2022

Case brief

AI extract

What is this about?

Interim application filed by the wife of the deceased appellant in Criminal Appeal No. 334 of 2010 for pursuing the appeal after her husband's death. The High Court allowed the application despite a 41-day delay.

What did the court decide?

Application allowed; return of the appeal permitted; necessary amendments in the record directed within four weeks.

Shyamkant Bhagoji Marchande (Since Deceased) Thru… — Criminal Trial and Appeal | Bombay HC (2022)

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spm 1 8-IA-1809-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1809 OF 2022

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IN

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CRIMINAL APPEAL NO. 334 OF 2010

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Shyamkant Bhagoji Marchande (since deceased)
through Sujata Shyamkant Marchande

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 …..Applicant

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Vs.

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State of Maharashtra

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 …..Respondent

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Mr. Ganesh K. Sovani for the Applicant.
Mr. S. S. Hulke, APP for Respondent-State.

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CORAM : A. S. GADKARI, J.
DATE : 14th JULY, 2022.

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P.C.:-

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This is an Application filed by the wife of original Appellant for

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pursuing the present Appeal after the death of her husband. It is stated
that, the original Appellant has passed away on 22nd May, 2020.

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There is a delay of 41 days in preferring the present
Application.

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2.Perusal of Application would indicate that, sufficient cause is
made out for condonation of delay.

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3.As the Applicant intends to pursue the present Appeal with a
view to wipe off the stigma on her husband due to the order of conviction
recorded by the Trial Court, this Court is of the view that she be permitted
to pursue the present Appeal.

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spm 2 8-IA-1809-2022.doc

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4. In view thereof, Application is allowed in terms of prayer

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clause (A).

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5. Necessary amendment be carried out in the record of Court

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and simultaneously in the copies served upon the Respondent within a
period of four weeks from today.

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 (A.S. GADKARI, J.)

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Shyamkant Bhagoji Marchande (Since Deceased) Thru. Sujata Shyamkant Marchande v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shyamkant Bhagoji Marchande (Since Deceased) Thru. Sujata Shyamkant Marchande v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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