Bombay High CourtAPPA/664/2019allowed

Baburao Vithoba Shelke v. State Of Mah. Thr. Pso, Buldhana

2019-07-29Hon'Ble Shri Justice V.M. Deshpande2 pages

1 23.appa664.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.664/2019 IN CRIMINAL APPEAL NO. 602/2005 Baburao Vithoba Shelke ..VS..

Police Station Officer, P.S. Buldhana, Distt. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rugbed Dhore, Advocate for applicants of Cri.Appl. No.664/19 Shri. Shishir Uikey, APP for the respondent CORAM : V. M. DESHPANDE, J.

DATED : 29/07/2019 Heard Shri Rugbed Dhore, the learned counsel for the applicants of this application and Shri Shishir Uikey, the learned APP for the State. 2] Criminal Appeal No. 602/2005 was filed by Baburao Vithoba Shelke challenging the judgment and order of conviction passed by learned Special Judge, Buldhana under the Prevention of Corruption Act, 1988 challenging his conviction. The appeal was admitted and he was released on bail.

3] The applicants in the present application are widow, son and married daughters of appellantBaburao. As per the application, during the pendency of the appeal the appellant-Baburao who was suffering from multiple ailments expired on 25/02/2019. The death certificate is also filed on record alongwith the application.

2 23.appa664.2019 4] The applicants, in view of the death of appellant- Baburao, wish to prosecute the present appeal. Consequently, I passed the following order:

ORDER

i] Application is allowed ii] Applicants in this application are permitted to get their names substituted in place of deceased Baburao Vithoba Shelke and they are permitted to prosecute this appeal.

iii] The necessary amendment be carried out.

Application is accordingly disposed of, by condoning the delay, if any.

JUDGE Namrata