Nikhil Dilip Ganesh v. The State Of Maharashtra

Mhi 1 APPA-578-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 578 OF 2016 IN CRIMINAL APPEAL NO. 249 OF 2000 Nikhil Dilip Ganesh ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Deepak Girme,Advocate for the applicant.

Ms. A.A.Mane, APP, for the State.

CORAM:

SMT. SADHANA S.JADHAV, J.

DATE : 28th April, 2016.

P.C.

The applicant herein is the legal heir of the deceased Dilip S. Ganesh, who is the original appellant in Criminal Appeal No.249 of 2000. Dilip Ganesh has been convicted under the provisions of Section 307 of Indian Penal Code. He has expired on 16.4.2011. The legal heir has placed on record the Death Certificate issued by Pune Municipal Corporation. The deceased late Shri Dilip Ganesh was working in an Artificial Limb Centre, Pune. He was a public servant.

2.

The learned counsel for the applicant submits that besides the

Mhi 2 APPA-578-16.sxw stigma of conviction, the legal heir of the appellant would be entitled to the other benefits which would fall upon Shri Dilip Ganesh in the eventuality that he is acquitted of the said charge.

3.

Taking into consideration the submissions made by the learned counsel for the appellant, the Criminal Application is allowed. The applicant - Nikhil son of Dilip Ganesh is entitled to prosecute the appeal. Application is allowed and disposed of.

(SMT.SADHANA S.JADHAV, J.)