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Bombay High CourtAPEAL/328/2018abated

The State Of Maharashtra v. Apparao Pundlik Bhurke

2024-12-03Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2024:BHC-AUG:28599-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.187 OF 2018 Apparao s/o Pundlik Bhurke ... APPELLANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. Govind Karhale, Advocate holding for Mr. Gajanan Kadam, Advocate for appellant Mr. S.D. Ghayal, A.P.P. for State Mr. Rajendra Deshmukh, Senior Counsel with Mr. Vishal Chavan and Mr. Devang Deshmukh, Advocate for informant .......

WITH CRIMINAL APPEAL NO.328 OF 2018 The State of Maharashtra ... APPELLANT

VERSUS

Apparao s/o Pundlik Bhurke ... RESPONDENT .......

Mr. S.D. Ghayal, A.P.P. for appellant State Mr. Govind Karhale, Advocate holding for Mr. Gajanan Kadam, Advocate for respondent .......

WITH CRIMINAL APPEAL NO.435 OF 2018 The State of Maharashtra ... APPELLANT

:: 2 ::

VERSUS

Apparao s/o Pundlik Bhurke ... RESPONDENT .......

Mr. Rajendra Deshmukh, Senior Counsel with Mr. Vishal Chavan and Mr. Devang Deshmukh, Advocate for appellant Mr. Govind Karhale, Advocate holding for Mr. Gajanan Kadam, Advocate for respondent Mr. S.D. Ghayal, A.P.P. for State .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 3rd DECEMBER, 2024 O R D E R :

Learned Advocate holding for learned Advocate Mr. Kadam for appellant submits that, initially learned Advocate Mr. Kadam was engaged by the appellant. However, thereafter the appellant had engaged Mr. S.A. Gaikwad, learned Advocate. He submits that, therefore, the appearance of Mr. Kadam learned Advocate be discharged. In view of this, appearance of learned Advocate Mr. Gajanan Kadam is discharged. 2.

Mr. R.N. Chavan, learned Advocate submits that, Mr. S.A. Gaikwad has become Assistant Government Pleader and Additional Public Prosecutor. Therefore, he will not be able to appear for the appellant. He further submits that,

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learned Advocate Mr. S.A. Gaikwad has no instructions from the appellant.

3.

The office of this Court had called information from the concerned jail in respect of the appellant who was in jail. The concerned jail has informed that the appellant - Apparao Bhurke died in the hospital while taking treatment. A copy of the said report dated 23/10/2024 along with the medical notification of death, issued by Sassoon Hospital, Pune are taken on record and marked as "X" for identification. It shows that the appellant has died.

4.

Since the Apparao Bhurke was the sole appellant in Criminal Appeal No.187/2018 and sole respondent in Criminal Appeal No.328/2018 and Criminal Appeal No.435/2018, these appeals abate and stand disposed of as such.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-