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, Nilam Nandkumar Shinde, filed Interim Application No. 4501/2025 seeking condonation of delay in filing a petition for permission to prosecute an appeal after the appellant, Nandkumar Ganpat Shinde, had died on 22 February 2023. The Court examined the reasons provided and, invoking the principle of substantive justice, condoned the delay. Subsequently, Interim Application No. 4502/2025 was filed, supported by a death certificate and affidavit, requesting permission to continue prosecuting the appeal despite the appellant's death. The Court, after considering the same reasons, granted permission to prosecute the appeal and directed that the appeal memorandum be amended within a week. Both interim applications were disposed of, with IA 4501 allowed and IA 4502 resulting in permission to prosecute the appeal.
Issues considered
- Whether 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 an appeal when the appellant has died
Subjects
- condonation of delay
- appeal after death
- criminal appellate jurisdiction
- substantive justice
- interim application
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
11:11:36 +0530
DATE : 24th SEPTEMBER 2026
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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