1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.134 OF 2010 IN CRIMINAL APPEAL NO.171 OF 2008 Murlidhar Maruti Jundhale (deceased) through Legal Heirs Giryamma Murlidhar Jundhale and Ors. .... Applicants V/s. The State of Maharashtra ..... Respondent Mr.Amit M. Shete, for the applicant. Mrs.M.M.Deshmukh, APP, for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 10th FEBRUARY, 2010 P.C. 1. This application is filed by the heirs of original accused No. 2. The State of Maharashtra has filed criminal appeal No.171 of 2008 against the 15 accused. The trial Court acquitted all the accused, against which acquittal appeal has been filed at the instance of the State Government. It is pointed out by the learned counsel for the applicants that since the original accused No.2 has already expired, the appeal against him is abated. Learned APP after the inquiry, has confirmed the said aspect and it is not in dispute that the original accused No.2 Murlidhar Maruti Jundhale died on 30-09-2009. At the request of the learned APP, the death certificate of the deceased and the report of the Police Inspector, Mangalwedha Police Station, Solapur, are taken on record 2 and marked X for identification. Since original accused No.2 has expired, the appeal against him stands abated. 2. Learned counsel for the applicant states that during the pendency of the appeal, the said accused reached the age of superannuation and accordingly, he retired from the service. If the retiral dues of the deceased is withheld by the department only on the ground that this appeal is pending, in that case, the Department in which original accused No.2 was serving, shall now release the necessary retiral dues of the deceased and the same may be paid to the heirs of the deceased/original accused No.2. If the wife of the deceased is entitled to family pension, the department may process the file accordingly. It is clarified that this direction is given on the presumption that the retiral dues of the deceased have not been paid only on the ground that acquittal appeal is pending in this Court and this Court has not dealt with any other issue except giving the aforesaid direction. 3. It will be open to the applicant to give certified copy of this Court to the concerned Department, so that the department can process the retiral dues of the deceased in accordance with law. 4. Subject to what is stated hereinabove, criminal application is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)