Jitendra @ Pappu Babulal Shinde v. The State Of Maharashtra

1 of 3 1.Conf.7.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CONFIRMATION CASE NO.7 OF 2019 The State of Maharashtra Appellant versus Jitendra @ Pappu Babulal Shinde and others Respondents CRIMINAL APPEAL NO.225 OF 2020 WITH INTERIM APPLICATION NO.380 OF 2020 Nitin Gopinath Bhaliume Appellant versus The State of Maharashtra Respondent WITH CRIMINAL APPEAL NO.226 OF 2020 Jitendra @ Pappu Babulal Shinde Appellant versus The State of Maharashtra Respondent WITH INTERIM APPLICATION O.931 OF 2020 AND INTERIM APPLICATION NO.932 OF 2020 IN CRIMINAL APPEAL NO.226 OF 2020 Jitendra @ Pappu Babulal Shinde Appellant versus The State of Maharashtra Respondent WITH CRIMINAL APPEAL NO.1488 OF 2019 WITH INTERIM APPLICATION NO.2767 OF 2023 MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2024.03.12 15:36:08 +0530 Santosh Gorakh Bhaval Appellant versus The State of Maharashtra Respondent

2 of 3 1.Conf.7.2019.doc CORAM : PRAKASH D. NAIK AND N.R.BORKAR, JJ.

DATE : 11th March 2024 PC :

1.

On the previous date of hearing learned APP had produced Police Report with regards to death of Appellant in Criminal Appeal No.226 of 2020 Jitendra Babulal Shinde. Today learned advocate for Appellant produced photocopy of Death Certificate of said Appellant. The same is taken on record.

2.

The Appellant in Criminal Appeal No.226 of 2020 has expired on 10th September 2023.

3.

Section 394 of Cr.P.C reads as follows :

"394. Abatement of appeals.- (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant :

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate."

4.

There is no prayer for leave to continue the appeal by any of appellant's near relative within stipulated time prescribed u/s.394 of Cr.P.C. Hence, the Criminal Appeal No.226 of 2020 stands abated.

3 of 3 1.Conf.7.2019.doc 5.

Learned advocate for Appellant in Criminal Appeal No.225 of 2020 submitted that out station counsel is appearing in Criminal Appeal no.225 of 2020 and hence longer date may be given. 6.

The matters be listed for hearing on 18th June 2024. (N.R.BORKAR, J.) (PRAKASH D. NAIK, J.) MST