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Bombay High CourtIA/2177/2021disposed off

Vishwas Jayram More (Since Deceased) Through Legal Heir Sunita Vishwas More And ANR. v. The State Of Maharashtra And ORS.

2021-09-22Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice G. A. Sanap2 pages

Chittewan 1/2 11.IA 2177-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2177 OF 2021 IN CRIMINAL APPEAL NO.969 OF 2013 Vishwas Jayram More (since deceased) through L Rs.

Sunita Vishwas More And Another ...

Applicants

Versus

The State of Maharashtra And Others ...

Respondents .....

Mr Omkar Gopal Nagwekar for the Applicants.

by RAJESH VASANT CHITTEWAN Date: 2021.09.23 10:41:43 +0530 RAJESH VASANT CHITTEWAN Mrs. P.P. Shinde, APP for the State.

Mr. S.G. Kawale, PSI, Nagpada Police Station present. .....

CORAM : NITIN JAMDAR AND G.A. SANAP, JJ.

DATE : 22 SEPTEMBER 2021 P. C. :

.

This Appeal is filed by the State challenging the judgement and order passed by the learned Sessions Judge in Sessions Case No.170 of 2003. Trial was conducted against eleven accused. By impugned order, the learned Sessions Judge has acquitted the Accused. Challenging this order, the present Criminal Appeal is filed.

Chittewan 2/2 11.IA 2177-21.doc Interim Application No.2177 of 2021 is filed by the heirs of Vishwas Jayram More, original Accused No.1 and Respondent No.1 in this appeal stating that Vishwas Jayram More is expired on 3 September 2018. The death certificate is annexed to the application. Learned APP had taken time to verify the position. Learned APP states that the instructions have been received from the concerned police station that it is correct that Vishwas Jayram More, Respondent No.1 expired and, therefore, the Appeal as against Accused No.1 will abate. Accordingly, Criminal Appeal No.969 of 2013 stand abated as against Respondent No.1. The Interim Application is accordingly, disposed of. (G.A. SANAP, J.) (NITIN JAMDAR, J.)