Allowed

Ismail Umar Shaikh through Legal Heir Farhat Ismail Shaikh v. State of Maharashtra

Bombay HC22 Feb 2024IA/507/2024

Case brief

AI extract

What is this about?

A single judge allowed two interim applications. IA No.507 condoned a delay of over four years in bringing legal heirs on record. IA No.508 allowed bringing the legal heirs of the deceased appellant on record with consequential amendments.

What did the court decide?

Condonation of delay in bringing legal heirs on record allowed. Application to bring legal heirs of deceased appellant allowed with consequential amendments.

Ismail Umar Shaikh through Legal Heir Farhat… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-AS:8561

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Diksha Rane 4.ia.507-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.507 OF 2024

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WITH

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INTERIM APPLICATION NO.508 OF 2024

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CRIMINAL APPEAL NO.152 OF 2014

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ISMAIL UMAR SHAIKH THROUGH LEGAL HEIR FARHAT ISMAIL SHAIKH ..APPLICANT

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VS.

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THE STATE OF MAHARASHTRA

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..RESPONDENT

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Adv. Jagdish G. Shetty a/w. Adv. Mohd. Akbar Ansari, Adv. Mohammed Ayub Shaikh for the applicant.

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Mr. S. H. Yadav, APP for the State.

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CORAM : M. S. KARNIK, J.

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DATE : FEBRUARY 22, 2024.

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P.C. :

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INTERIM APPLICATION NO.507 OF 2024 IN CRIMINAL APPEAL NO.152 OF 2014

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1. Heard learned counsel for the applicant and learned

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APP for the State.

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2. This is an application for condonation of delay in bringing the legal heirs on record. There is a delay of four

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1/3

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Diksha Rane 4.ia.507-24.doc

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years, six months and twelve days in filing the application for bringing the legal heirs on record.

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3. This application is vehemently opposed by learned APP. It is submitted by learned APP that the delay is not explained properly. However, for the reasons mentioned in the application and in view of the oral submissions made by learned counsel for the applicant, I am inclined to condone the delay.

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4. The application is allowed in terms of prayer clause

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(a).

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5. The Interim Application No.507/2024 is disposed of accordingly.

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INTERIM APPLICATION NO.508 OF 2024 IN CRIMINAL APPEAL NO.152 OF 2014

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6. This is an application for bringing the legal heirs of the appellant/original accused on record.

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7. The appellant/original accused died on 18/6/2019. The applicant is the wife of the appellant/original accused (deceased).

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8. For the reasons mentioned in the application, the application is allowed in terms of prayer clause (a).

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2/3

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Diksha Rane 4.ia.507-24.doc

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9. Consequential amendments to be carried out within a period of two weeks.

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10. The Interim Application No.508/2024 is disposed of accordingly.

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CRIMINAL APPEAL NO.152 OF 2014

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11. List the criminal appeal on 7/3/2024 .

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(M. S. KARNIK, J.)

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3/3

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Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 22/02/2024 18:26:33

Ismail Umar Shaikh through Legal Heir Farhat Ismail Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ismail Umar Shaikh through Legal Heir Farhat Ismail Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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