18. cr apeal 457­93.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPEAL NO. 457 OF 1993 Babasaheb Vishnu Patil & Anr .. Appellants Vs The State of Maharashtra .. Respondent Mr. S.B. Shetye for the Appellants Mr. Shahaji Babasaheb Patil, Appellant No. 2-in-Person present Ms. A.T. Javeri, APP for the State CORAM : J.H. BHATIA, J DATE : 24th JANUARY, 2011. P.C.: 1. Bailable warrants were issued against the appellants- accused as none of them appeared before the Court when the matter was called out for final hearing. Mr. Shetye for the appellants appears today. Accused no. 2 is also present in pursuant of the bailable warrant. Accused No. 1 Babasaheb is reported to be dead on 24th April 2005. Copy of the death certificate is produced on record. In view of this, appeal filed against accused no. 1 has abated. 2. As far as appellant no. 2 Shahaji is concerned, he was convicted for the offence under Section 323 of IPC and was sentenced to undergo simple imprisonment 1 18. cr apeal 457­93.doc till rising of the Court and to pay fine of Rs. 200/-. The learned counsel for the appellant pointed out that he was arrested on 20th December 1991 and was remanded to police custody till 27th December 1991 and thereafter, he was in judicial custody. Thus, he has already undergone the sentence also. In view of these circumstances, the learned counsel for appellant no. 2 does not want to press the appeal. 3. The appeal in respect of appellant no. 1 stands abated and the appeal against appellant no. 2 stands disposed of as not pressed. The appellant no. 2 who is present before the court is released as he has already undergone the sentence. 4. The appeal stands disposed of accordingly. [ J.H. BHATIA, J ] 2 18. cr apeal 457­93.doc 3