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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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