1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1201 OF 2002 Gilroya Frances Barko .... Appellant V/s. The State of Maharashtra ..... Respondent Mr.H.E.Mooman, for the appellant. Smt.M.M.Deshmukh, APP for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 21st JANUARY, 2010 P.C. 1. Learned counsel for the appellant states that appellant/accused has died on 01-11-2003 and that his relatives are not interested in pursuing this appeal. Learned APP placed on record a Jail Report and also concedes the fact that the appellant/accused died on 01-11-2003. The jail report is taken on record at the instance of the learned APP and marked as Exh.X, for identification. 2. Since the sole appellant has died and as the learned counsel for the appellant states that the relatives of the appellant are not interested in pursuing this appeal and in view of the fact that no such application is made within 30 days for leave to continue the appeal, as provided under Section 394(2) of Cr.P.C., this appeal is now finally abated 2 on the death of the accused. 3. Criminal Appeal is disposed of accordingly. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)