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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1809 OF 2022 IN CRIMINAL APPEAL NO. 334 OF 2010 Shyamkant Bhagoji Marchande (since deceased) through Sujata Shyamkant Marchande .....Applicant Vs.

State of Maharashtra .....Respondent Mr. Ganesh K. Sovani for the Applicant.

Mr. S. S. Hulke, APP for Respondent-State.

CORAM : A. S. GADKARI, J.

DATE : 14th JULY, 2022.

P.C.:- This is an Application filed by the wife of original Appellant for pursuing the present Appeal after the death of her husband. It is stated that, the original Appellant has passed away on 22nd May, 2020. There is a delay of 41 days in preferring the present Application.

2.

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

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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In view thereof, Application is allowed in terms of prayer clause (A).

5.

Necessary amendment be carried out in the record of Court and simultaneously in the copies served upon the Respondent within a period of four weeks from today.

(A.S. GADKARI, J.) 2/2