Bombay High Court
LATE DHYANUBAI RAMDAS SHINDE (SINCE DECEASED THROUGH LEGAL REKHA PURSHOTTAM SHEWALEversusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Allowed
Holding
The Court condoned the delay and allowed the application, setting aside any abatement.
Summary
The applicant, Rekha Purshottam Shewale, filed an interim application to bring the legal heirs of the deceased appellant, Smt. Dhyanubai R. Shinde, onto the record in Criminal Appeal No. 100 of 2024. The appellant had died on 19 August 2025, and the application was filed 112 days later, raising a question of delay. Counsel for the applicant pleaded for condonation of the delay, arguing that the omission should not prejudice the proceedings. The Court examined the principles governing condonation of delay and abatement, and decided to condone the delay, setting aside any abatement that might have arisen. Consequently, the application was allowed, and the parties were directed to amend the records within two weeks as per the schedule in the application.
Issues considered
- Whether the 112‑day delay in filing the application for bringing legal heirs on record can be condoned
- Whether any abatement of the appeal should arise due to the death of the appellant
Subjects
- legal heir
- condonation of delay
- abatement of proceedings
- criminal appeal
- amendment of records
Judgment
ssm 14-ia74.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 74 OF 2026
IN
CRIMINAL APPEAL NO. 100 OF 2024
Late Dhyanubai Ramdas Shinde
(Since Deceased Through Legal heir)
Rekha Purshottam Shewale …..Applicant
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________
Mr. Diptendu Bose a/w Adv. Shubham N. Patil for the Applicant.
Mr. Vinod Chate APP, for the Respondent-State.
Mr. Suraj Dubey i/by Adv. S.T. Pandey for the Respondent No.2.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 4th MARCH, 2026.
P.C.:-
1) This is an Application for bringing legal heirs of the sole
Appellant on record.
2) It is stated that, the Appellant Smt. Dhyanubai R. Shinde
passed away on 19th August, 2025. There is a delay of 112 days in
preferring present Application.
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ssm 14-ia74.2026.doc
3) Learned counsel for the Applicant makes out a case of
condonation of delay.
4) In view of the above, delay is condoned, abatement if any is set
aside and the Application is allowed in terms of prayer clauses (a) and (b).
5) Necessary amendment as per the schedule mentioned in
paragraph No.2 of the Application be carried out within a period of two
weeks from today.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SHARNAPPA
SANJIV MASHALKAR
SHARNAPPA
MASHALKAR Date:
2026.03.10
12:45:21
+0530
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