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Bombay High CourtAPPLN/3439/2023disposed off

Indumati Wd/O Gangadhar Dhere v. The State Of Maharashtra

2023-09-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

914-crappln3439.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3439 OF 2023 IN CRIMINAL APPEAL NO. 335 OF 2004 Indumati wd/o Gangadhar Dhere Applicant

Versus

The State of Maharashtra Respondent Mr. Rohit Patwardhan, advocate holding for Mr. Satej S. Jadhav, advocate for the Applicant Mr. P. M. Kulkarni, APP for the Respondent-State CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th SEPTEMBER, 2023.

P.C. :

Heard rival submissions.

The applicant, being the sole legal representative i.e. wife of appellant no.1 i.e. original accused no.1, is seeking early hearing of this appeal on the ground that today she is aged about 75 years and having no source of income. Due to pendency of this appeal, the appellant no.1 had not received any retiral benefits and after his death also the applicant is still deprived of the same.

914-crappln3439.23 The learned APP, though opposed the application on the ground that the Court is taking appeals wherein convicts are on bail for final hearing only up to the year 2002, but in the alternative, submitted for passing suitable orders.

Though this Court is taking appeals wherein convicts are on bail for final hearing only up to the year 2002, but this appeal, which is pertaining to the year 2004, is also more than 10 years' old. Further, considering the age of the applicant, the appeal can be worked out by fixing any suitable date for final hearing.

As such, the appeal is fixed for final hearing on 18.10.2023. The applicant is directed to submit private paper book on record and give its copy to other side. Criminal Application is accordingly disposed of. SANDIPKUMAR C. MORE JUDGE adb