Gopalrao S/O Malhari Ambhore (Died Through Legal Heir) Smt. Gayabai W/O. Late Gopalrao Ambhore v. The State Of Maharahstra And Others

4-Cri. Appln. No.4190 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4190 OF 2022 IN CRIMINAL APPEAL OF 638 OF 2016 Gopalrao S/O Malhari Ambhore (died Through Legal Heir) Smt. Gayabai w/o. Late Gopalrao Ambhore

Versus

The State of Maharashtra and others ---- Mr.P.P.Mandlik, Advocate for applicant Mr.R.V.Dasalkar, APP for respondent no.1 Mr.S.S.Lohare, Advocate h/f. Mr.N.S.Ghanekar, Advocate for respondent nos.2 to 6 ---- CORAM : R.G.AVACHAT AND R.M.JOSHI, JJ.

DATE : DECEMBER 20, 2022 ORDER :- Heard learned counsel for the applicant as well as the respondents.

2.

By this application, the legal representative of the appellant - Gopalrao Ambhore is seeking herself to be impleaded in his place, on his demise and there is delay of 192 days in making the application.

3.

Learned counsel for the contesting respondents opposed the application.

4.

For the reasons mentioned in the application, we find that the delay is not deliberate. The appeal against acquittal is already

4-Cri. Appln. No.4190 of 2022 admitted by this Court and it is the right of the legal representative of the deceased to pursue the same.

5.

Since there is no deliberate delay on the part of the applicant to bring herself on record in place of the original appellant, the application is allowed in terms of prayer clauses (B) and (C). [R.M. JOSHI, J.] [R.G. AVACHAT, J.] ...........

KBP