:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 383 OF 2008 IN CRIMINAL REVISION APPLICATION NO. 255 OF 2003 Shri Narayandas Bechar Purabia ..Applicant/ Surety Vs. Shri Gangaram Dhula Rathod ..Appellant/ Accused No.8 Vs. The State of Maharashtra ..Respondent Mr. Milan Desai h/f Ms. Saieeda Shaikh for applicant. Ms. A.A. Mane, APP for State. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 12, 2008. Date : November 12, 2008. Date : November 12, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. The applicant stood surety for Gangaram Dhula Rathod, who was convicted mainly under Section 307 of IPC in Sessions Case No. 310 of 1996 on 24/6/2003. The said case pertained to C.R. No.282 of 1992 of Nirmal Nagar Police Station. Being aggrieved by the Judgment and Order of conviction and sentence Gangaram :2: Dhula Rathod preferred Criminal Appeal which came to be dismissed. Hence, he preferred the present Revision Application No. 255 of 2003 before this court. The said revision was admitted on 15/7/2003 and bail came to be granted to Gangaram Rathod. At that time, applicant i.e. Narayandas Bechar Purabia stood as surety for him for Rs.10,000/-. 3. The applicant is seeking discharge as surety. The ground for seeking discharge is that the original accused - Gangaram Rathod expired on 22/10/2004. The death certificate produced by the applicant has been verified by the Investigating Agency and it is confirmed that original accused - Gangaram Rathod expired on 22/10/2004. 4. In view of the death of Gangaram Rathod, the case against him stands abated and the applicant is discharged as surety. The F.D. receipt of Rs.10,000/- which has been deposited by the applicant before the Sessions Court be returned to him. 5. Application is disposed of accordingly. :3: (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)