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Bombay High CourtAPPLN/2585/2021application allowed

Sadat Ahmed Khan Wahed Khan Deceased Through L.R.S Khan Minhaj Ahamad Sadat Ahamad And Others v. The State Of Maharashtra And Another

2022-12-19Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) cria2585.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CRIMINAL APPLICATION NO.2585 OF 2021 IN APEAL/367/2012 WITH REVN/80/2012 WITH APEAL/367/2012 SADAT AHMED KHAN WAHED KHAN DECEASED THROUGH L.R.s KHAN MINHAJ AHAMAD SADAT AHAMAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Ms.Rekha Choudhari h/f. Mr. S.S. Choudhari, Advocate for the appellants. Mr.Y.G. Gujarati, APP for the respondent/State. Mr.P.R. Katneshwarkar, Advocate for respondent No.2.

CORAM

:

KISHORE C. SANT, J.

DATED :

19.12.2022 PC :- 01.

Heard learned Advocate for the applicants. This is an application for bringing on record the legal representatives of deceased appellant who died during pendency of the appeal. The application is vehemently opposed by respondent No.2 stating that under section 394 of Cr.P.C., heirs can be brought on record only in two contingencies; first in a case where appeal of sentence of fine and secondly where the appeal is against conviction and sentence of death or of imprisonment. Learned Advocate for respondent No.2 submits that in this case Criminal appeal No.367 of 2012 is for enhancement and does not fall under any of the categories as contemplated under section 394 of Cr.P.C. He submits that wording of the section is very clear and prays for rejection of application. His further submission is that this appeal for enhancement is not maintainable. However, since appeal is already admitted, this question can be gone into only at the stage of final hearing.

( 2 ) cria2585.21 02.

So far as considering the application for bringing legal representatives of the appellant on record, same is allowed subject to the objection of respondent No.2 to be heard at the stage of final hearing of the appeal.

03.

The application is thus allowed. The applicants to carry out amendment within one week from today.

04.

Appeal be listed for hearing in due course.

[KISHORE C. SANT, J.] snk/2022/DEC22/cria2585.21