Dhondiraj Shivbasappa Hale v. State Of Mah

2025:BHC-AUG:24995 39-APEAL-29-05.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 29 OF 2005 Dhondiraj Shivbasappa Hale ..APPELLANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. R.K. Ingole, A.P.P. for the respondent - State ....

CORAM : ABHAY J. MANTRI, J.

DATE : 15th SEPTEMBER, 2025 PER COURT :

1.

None appears for the appellant.

2.

Perused the record. It reveals that by order dated 27th February, 2023, passed in Criminal Application No. 135 of 2023, the applicants - legal representatives of the appellant were permitted to bring their names on record and directed to carry out the amendment within two weeks from that date. Despite the said order, the applicants failed to carry out the amendment. Therefore, the matter was listed before the Court on 21st August, 2025, and this Court granted a further two weeks' time to the applicants to carry out the amendment, observing that if the amendment is not carried out within the stipulated time, the appeal would stand dismissed for want of prosecution and not taking necessary steps in the matter. Again, the matter was listed on 04th September, 2025. At that time, also none was 1 / 2

39-APEAL-29-05.odt present for the appellant, and this Court has directed them to comply with the said order. Despite the said facts, the applicants failed to comply with the order dated 27th February, 2023.

3.

It seems that the original appellant expired on 12th May, 2020, and since then, the applicants have failed to take steps to bring their names on record despite the granting of opportunities from time to time. Thus, it reveals that the legal representatives of the deceased/appellant are not interested in prosecuting the appeal. In view of the above facts, the appeal is abated and disposed of.

( ABHAY J. MANTRI, J. ) SSD 2 / 2