1609appp819.11+.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) NO. 819 OF 2011 AND CRIMINAL APPLICATION (APPA) NO. 562 OF 2011 (Applicant – Rekha w/o Ramesh Dange CRIMINAL APPEAL NO. 39 OF 2000 (Ramesh Gajanan Dange Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................................ Mr. Mahesh Rai, Advocate for the applicant/appellant. Mr. P. D. Kothari, A.P.P. for the non-applicant. CORAM : U. V. BAKRE, J. DATED : 16TH SEPT., 2011 APPA NO. 819/11 : Heard. The present applicant is the widow of appellant Ramesh who has been convicted and sentenced under the Prevention of Corruption Act to suffer rigorous imprisonment for one year and also to pay fine. The applicant has filed an application under Section 394 of Criminal Procedure Code, but there is delay of about 579 days in filing the said application. According to the applicant, she was not aware of the legal proceedings in the sense that appeal can be continued in the event of death of her husband and that only after contacting and consulting an Advocate, she came to know about the said right, and therefore, has filed the 1609appp819.11+.odt 2/2 application to continue with the appeal along with the present application for condoning delay in filing the said application. The object of the applicant is to remove stigma so as to get benefit of service of the deceased husband. Looking at the circumstances of the case and the reasons for delay mentioned by the applicant, which are bonafide, I am of the view that delay should be condoned, in the interest of justice. Hence, the application is allowed. APPA NO. 562/11 : Heard. Appeal No. 39/2000 was already admitted and it had abated on account of death of the appellant. The present applicant who is wife of the deceased appellant has good grounds for continuing with the appeal. Even otherwise, there were two accused persons in the said case and the appeal filed by the other accused is also admitted and is pending for final hearing. Hence, the application is allowed. The applicant is permitted to continue with the appeal on the said grounds mentioned in the memo of appeal. The application stands disposed of accordingly. JUDGE wwl