MADHUSUDAN PALSHETKAR Vs. STATE OF MAHARASHTRA AND ANOTHER

JUDGEMENT

(1.) PETITIONER 's father Mukund Palshetkar was the original appellant in Criminal Appeal No. 262 of 1978 before the Sessions Judge, Greater Bombay.

(2.) THE petitioner in the son of the deceased appellant named Mukund, who was the original appellant in the Sessions Court in Criminal Appeal No. 262 of 1978, who was convicted and sentenced for six months Rigorous Imprisonment and a fine of Rs. 10,000/ - for the offences under sections 8 (1)(i) read with 85 (1)(ii)(b), 8(2)(a)(i) read with 85 (i) read with Section 55 (2) read with sections 87 and 91 and also Rule 13 (1) of the Gold Control Act, 1968 by the learned Metropolitan Magistrate 5th Court, Dadar, Bombay.

(3.) THE original appellant Mukund Palshetkar had preferred an appeal in the Court of Sessions Judge, Greater Bombay against this conviction challenging the order of conviction and sentence passed by the learned Magistrate against him. This appeal was filed by the deceased appellant on or about June 1981. During the pendency of this appeal in the Sessions Court on July 24, 1981 original appellant Mukund died. On his death, the present petitioner being his legal representative of the deceased appellant as son made an application for leave to continue the said appeal. This application was made on September 8, 1981. The said application was admittedly beyond time and there was delay of 14 days.