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Bombay High CourtAPPLN/370/2023dismissed

Sunil Dhondiba More Since Deceased Through His L.Rs. Kirti W/O. Sunil More v. The State Of Maharashtra

2023-04-20Hon'Ble Shri Justice Kishore C. Sant2 pages

1 26-appln 370-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 370 OF 2023 IN ALS/74/2019 Sunil Dhondiba More, Since deceased through his L.Rs.

Kirti Sunil More and others .. Applicants

Versus

The State of Maharashtra .. Respondent Mr. Vishal A. Chavan, Advocate h/f Mr. Devang R. Deshmukh, Advocate for the Applicants.

Mr. Y. G. Gujarathi, APP for Respondent.

WITH APPLICATION FOR LEAVE TO APPEAL BY STATE NO. 74 OF 2019 The State of Maharashtra .. Applicant

Versus

Sunil Dhondiba More .. Respondent Mr. Y. G. Gujarathi, APP for the Applicant.

Mr. Vishal A. Chavan, Advocate h/f Mr. Devang R. Deshmukh, Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATED : 20th APRIL, 2023.

P. C. :- .

The Criminal Application No. 370 of 2023 is filed by the heirs of respondent in ALS No. 74/2019 filed by the State challenging the judgment and order of acquittal of original respondent i.e. Sunil

2 26-appln 370-2023.odt Dhondiba More. The applicants have informed that sole respondent in the appeal died during the pendency of proceedings and appeal be dismissed as abated. The learned A.P.P. was requested to take instructions. Now, the police have furnished information that the respondent in the appeal died on 05.10.2022 and they have also filed copy of death certificate.

2.

In view of this, ALS No. 74/2019 stands dismissed as abated. 3.

The Criminal Application No. 370/2023 also stands dismissed. ( KISHORE C. SANT, J. ) P.S.B.