Snehal Sanjay Pharande And ORS. v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2502 OF 2022 Snehal Sanjay Pharande & Ors.

...

Applicants vs.

The State of Maharashtra ...

Respondent IN CRIMINAL APPEAL NO. 310 OF 2020 Mr. Subodh Desai, i/by. Kartik S. Garg for the Applicants. Smt. J. S. Lohokare, APP for the Respondent-State. CORAM : SARANG V. KOTWAL, J DATE : 5th SEPTEMBER, 2022 P.C. :

1.

This is an application for continuing the appeal on behalf of the original appellant No.2 Mr. Sanjay Pharande under section 394 of Cr.P.C. Applicant No.1 is the wife and applicant Nos.2 and 3 are the children of the original appellant No.2. He expired on 3rd June, 2022. The learned Counsel for the applicants submitted that the appellant No.2 was working as Assistant Town Planner at Town Planning Office, Satara. He was convicted for offences punishable under Prevention of Corruption Act. Because of his conviction, he could not get pensionary and other service benefits. Consequently, the family is suffering financially. Apart from that, the applicants are interested in removing stigma of conviction attached to the original appellant No.2. They, therefore, want to prosecute this Appeal.

1/2 20_IA_2502_2020 in Apeal_310_2020.doc Priya Kambli

2.

Considering these submissions as well as taking into account the provisions of Section 394 of Cr.P.C., the application is allowed. The applicant Nos.1, 2 and 3 are allowed to be added as the appellants in place of original appellant No.2 Mr. Sanjay Pharande. The learned Counsel for the applicant is granted leave to add them as parties in the title of the Appeal Memo. Amendment shall be carried out within a period of 2 weeks from today.

3.

Application is disposed of in the aforesaid terms. (SARANG V. KOTWAL, J) 2/2 20_IA_2502_2020 in Apeal_310_2020.doc Priya Kambli