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Bombay High CourtAPEAL/698/2014abated

Ganpat Kusha Mukane v. The State Of Maharashtra

2016-08-19Hon'Ble Shri Justice P.N. Deshmukh2 pages

TILAK 1/2 (1)APEAL-697-698-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.697 OF 2014 Dagadu Pandurang Mukane .. Appellant

Versus

The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO.698 OF 2014 Ganpat Kusha Mukane .. Appellant

Versus

The State of Maharashtra .. Respondent --- None for the appellants.

Mrs.M.R.Tidke, APP for the Respondent State.

--- CORAM : P.N. DESHMUKH, J DATED : 19th AUGUST 2016 --- P.C. :

None for the appellants.

Heard learned APP for respondent State.

Learned APP has stated that both the appellants had died.

Perused the record.

From the report of District Judge - 2 and Addl. Sessions Judge, Kalyan, it appears that appellants having been released on bail on suspension of their conviction and sentence, were directed to mark their presence with the learned Sessions

TILAK 2/2 (1)APEAL-697-698-14 Court at Kalyan. However, as on two consecutive dates, appellants since failed to mark their presence, show cause notice was issued by the learned Sessions Judge. In response to such notice, appellant Bandu (appellant in Criminal Appeal No.699/14) appeared and informed about death of appellants and has also produced their death certificates. The report of learned District Judge is accompanied with death certificate of appellant Dagadu Pandurang Mukane and Ganpat Kusha Mukane. As per the copies of death certificates issued by Government Hospital, appellant Dagadu is stated to have died on 10th March 2016 and appellant Ganpat is stated to have died on 21st December 2015. From the report, it reveals that the death certificates are duly verified by the concerned police.

In that view of the matter, Criminal Appeal No.697/14 and 698/14 stands abeted due to death of appellants, and be removed from Board.

(P.N. DESHMUKH, J)