Bombay High Court
NANDKUMAR GANPAT SHINDE DECEASED THR NILAM NANDKUMAR SHINDEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay and granted permission to prosecute the appeal despite the appellant's death.
Summary
The applicant, the legal representative of the deceased appellant Nandkumar Ganpat Shinde, filed Interim Application No. 4501 seeking condonation of delay in applying for permission to prosecute the appeal after the appellant's death. The court, considering the reasons provided and the interest of substantive justice, condoned the delay. Subsequently, Interim Application No. 4502 was filed to obtain permission to continue prosecuting the appeal, supported by a death certificate and affidavit. The court permitted the prosecution of the appeal and directed that the appeal memorandum be amended within a week. Both interim applications were allowed, enabling the appeal to proceed despite the appellant’s demise.
Issues considered
- Whether the delay in filing an application for permission to prosecute an appeal after the appellant's death can be condoned.
- Whether permission can be granted to prosecute the appeal despite the appellant having died.
Subjects
- condonation of delay
- appeal after death
- criminal appellate jurisdiction
- permission to prosecute appeal
- substantive justice
Judgment
22-IA-4501-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4501 OF 2025
IN
APPEAL NO. 1080 OF 2008
Nandkumar Ganpat Shinde Deceased
Through LR Nilam Nandkumar Shinde ...Applicant
Versus
The State of Maharashtra …Respondent
WITH
INTERIM APPLICATION NO. 4502 OF 2025
IN
APPEAL NO. 1080 OF 2008
Ms. Akshada Pasi, for the Applicant/Appellant.
Smt. R S Tendulkar, APP for Respondent - State.
SAINATH
SANJAY
BODKHE
Digitally signed by
SAINATH SANJAY
BODKHE
CORAM: N. J. JAMADAR, J.
Date: 2026.09.28
DATE : 24th SEPTEMBER 2026
11:11:36 +0530
P.C.:
1. Heard the learned Counsel for the applicant.
IA/ 4501/2025
2. This is an application for condonation of delay in filing the
application seeking permission to prosecute the appeal as the
applicant-convict has passed away.
3. For the reasons assigned in the application and to
advance the cause of substantive justice, the delay in filing the
appeal stands condoned.
SAINATH, PA 1/2
22-IA-4501-2025.DOC
4. The Interim Application No. 4501/2025 stands allowed.
IA/ 4502/2025
5. This is an application seeking permission to prosecute the
appeal preferred by the applicant-convict, as the appellant has
passed away on 22nd February, 2023.
6. The application is supported by the copy of death
certificate and the affidavit.
7. For the reasons assigned in the application, the applicant
is permitted to prosecute the appeal.
8. Necessary amendment in the appeal memo be carried out
within a period of one week.
9. The Interim Application No. 4502/2025 stands disposed.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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