1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1817 OF 2010 IN CRIMINAL APPEAL NO. 349 OF 2007 Gopichand s/o Shankar Chavan, died through L.Rs., Smt. Sunita w/o Gopichand Chavan and ors. ...Applicants VERSUS The State of Maharashtra ...Respondent ..... Shri Sanjay B.Bhosale, advocate for applicants Smt. B.R.Khekale, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 9th July, 2010 PER COURT : 1 Heard Shri Sanjay B.Bhosale, learned counsel for the applicants and Smt. B.R.Khekale, learned A.P.P. for the respondent. 2 Issue notice to the respondent. Smt. Khekale, learned A.P.P. accepts notice for the respondent/State. 2 3 This is an application preferred by the applicant nos. 1 to 4 i.e. heirs and L.Rs. of deceased Gopichand Chavan requesting that since the appellant Gopichand Chavan has expired during the pendency of Criminal Appeal No. 349 of 2007, leave be granted to the applicants to continue Criminal Appeal No. 349 of 2007 as the near relatives i.e. heirs and L.Rs. of deceased Gopichand Chavan. 4 The applicants contend that Gopichand Shankar Chavan was convicted under Section 7 of the Prevention of Corruption Act, 1988 and was sentenced to suffer R.I. for one year and to pay fine of Rs.1,000/-, in default to suffer S.I. for six months, and was convicted under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to suffer R.I. for two years and to pay fine of Rs.1,500/-, in default to suffer S.I. for one month, by way of judgment and order dated 21.8.2007, rendered by learned Special Judge, Omerga in Special Case No. 1 of 2006. Being aggrieved and dissatisfied by the said judgment and order, said Gopichand Shankar Chavan preferred Criminal Appeal No. 349 of 2007 before this Court and same is pending. 5 However, the applicants further contend that appellant Gopichand Chavan was released on bail and during the pendency of the said Criminal Appeal No.349 of 2007, said appellant namely Gopichand 3 Shankar Chavan expired at Solapur due to ill-health on 2.7.2009 and the copy of the death certificate is annexed with the petition at Exh.R-1. 6 On the face of said position, it is the contention of the applicants that they are the near relatives i.e. heirs and L.Rs. of said deceased Gopichand Shankar Chavan, and therefore, the applicants request that leave may be granted to the applicants to continue afore said Criminal Appeal No. 349 of 2007, since the said appellant expired and the names of the present applicants, who are near relatives i.e. heirs and L.Rs. of said deceased appellant be taken on record in the said appeal. 7 In the light of the afore said facts, since Criminal Appeal No. 349 of 2007 has been preferred by Gopichand Chavan i.e. appellant against the conviction and sentence of imprisonment and since the said appellant expired during the pendency of the said appeal, as substantiated by the death certificate dated 2.7.2009 annexed at Exh. R-1 to the present application and the applicants herein are the near relatives i.e. heirs and L.Rs. of said deceased appellant, and therefore, leave to continue said appeal is required to be granted to them and their names are required to be allowed to be brought on record in the said Criminal Appeal No. 349 of 2007 under Section 394 (2) of the Code of Criminal Procedure. 8 In the result, present Criminal Application No. 1817 of 2010 is 4 allowed and leave granted to the applicants to continue Criminal Appeal No. 349 of 2007 as the near relatives, heirs and L.Rs. of deceased appellant Gopichand Shankar Chavan and the names of applicants be brought on record in place of deceased appellant in Criminal Appeal No. 349 of 2007 under Section 394 (2) of the Code of Criminal Procedure and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1817.10