APEAL No. 930-85 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 930 OF 1985 Krishnarao Dundhappa Shinde ) (since deceased, rerpesented through legal heirs) ) 1. Anil Krishnarao Shinde, Age 61 years, ) Occu.- Business, ) 2. Ulhas Krishnarao Shinde, Age 59 years, ) Occu.- Business, ) Both residing at III, Sumati Udayachal ) Society, General A. K. Vaidya Marg, ) Panchpakhadi, Thane (W) – 400 602 ... Appellants Vs. 1. State of Maharashtra ) 2. Chandrashekhar Balwantrao Shinde ... Respondents *** Mr. A. S. Rao a/w M. S. Mohite a/w S. V. Kotwal, for the Appellants. Mr. P. S. Hingorani, APP for the Respondent No.1. *** CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : NOVEMBER 17, 2011 ORAL JUDGMENT : [ PER : V. M. KANAJDE, J.] 1. This appeal is directed against the judgment and order passed by the Special Judge, Thane dated 19th November, 1985. APEAL No. 930-85 - 2 - Initially this appeal was allowed by the Division Bench of this Court and the accused/appellant was acquitted. However, against the said judgment & order, the State preferred an appeal in the Apex Court. The Apex Court, however, set aside the judgment & order passed by this Court and remanded the matter back. 2. During pendency of the appeal, the appellant expired and his legal heirs filed an application under Section 394, sub-clause proviso (1) for being brought on record. Accordingly, their application was allowed and after expiry of the appellant they have now been brought on record and they have been pursuing this appeal. 3. The trial court convicted the appellant and sentenced him to suffer rigorous imprisonment and directed him to pay a fine of Rs.2,50,000/- which was to be paid by the appellant. An order of attachment of the properties was also passed. However, it was made clear that if the fine amount is paid, then in that event order of attachment would be lifted. The learned counsel appearing on behalf of the appellants submits that the legal hears would not like to pursue the matter any further and are ready to pay the fine imposed by the trial court. 4. In view of this statement made by the learned counsel for the appellants, the appeal does not survive. The legal heirs of the original appellant shall pay fine amount of Rs.2,50,000/- within a period of four weeks from today. They shall also file an undertaking to that effect, in this Court, within two weeks from today. After fine APEAL No. 930-85 - 3 - amount is deposited by the said heirs in the trial court, the order or attachment of property of the original appellant & his legal heirs shall stand vacated without further reference to this Court. However, if the amount of fine of Rs.2,50,000/- is not deposited, then in that event, the said amount may be recovered from the attached property. After the amount of fine is paid, the attached property may be returned to the persons from whose custody it was attached i.e. to the legal heirs of the deceased appellant. . The criminal appeal is disposed of in the aforesaid terms. Sd/- Sd/- [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]