Laxman Shrawan Raut And Another v. State Of Mah.Thr. Acb Nagpur

54 apeal239.04.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.844 OF 2022 IN CRIMINAL APPEAL NO.239 OF 2004 Laxman Shrawan Raut (dead) and another Vs. State of Maharashtra _____________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R.M. Patwardhan, Advocate for applicant(s)/appellant(s). Shri S.D. Sirpurkar, APP for non-applicant/respondent. CORAM : G.A. SANAP, J.

DATE : NOVEMBER 15, 2022.

During the pendency of appeal against the impugned judgment and order of conviction and sentence, appellant no.2 - Sudhakar Balaji Irdande died on 05.09.2022. The applicant no.1 is widow and applicant no.2 is the son of the deceased appellant no.2. It is submitted that after demise of the appellant no.2 the applicants would be entitled to get service benefits. It is stated that in order to erase stigma cast on the character of the deceased husband, the applicants would like to continue the appeal. It is therefore submitted that leave may be granted to them to continue the appeal. 2.

In view of the facts placed on record in this appeal, the application is allowed. The applicants nos.1 and 2 are granted leave to continue the appeal.

JUDGE Wagh