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Patna High Court

Manoj Kumar @ Manoj SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal abated due to the appellant's death, and the order imposing a fine was set aside.

Summary

Manoj Kumar, convicted under Section 302 of the IPC and sentenced to imprisonment and a fine, died while his criminal appeal was pending before the Patna High Court. The Superintendent of Police informed the Court of his death, and no near relative filed an application to continue the appeal under Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita). The Court noted that the imposition of a fine is discretionary and not mandatory, as held in Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra. Since the appellant had expired and the State did not seek recovery of the fine, the Court set aside the fine order and held that the appeal, insofar as it related to imprisonment, was abated. Consequently, the appeal was disposed of as having abated in its entirety, and the trial court records were to be sent back.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. Sanhita.
  • Whether the fine imposed on conviction under Section 302 IPC is mandatory or discretionary and can be set aside upon abatement of the appeal.

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abated appeal
  • Section 302 IPC
  • fine discretion
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita
  • sentencing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.104 of 2013
                     Arising Out of PS. Case No.-114 Year-2009 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Manoj Kumar @ Manoj Singh S/O Mithilesh Singh Resident Of Village-
                 Dihi, P.S.- Akbarpur, District- Nawada


                                                                                 ... ... Appellant/s

                                                      Versus

                 The State Of Bihar


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Nilesh Kumar, Advocate
                 For the Respondent/s   :        Mr. Ajay Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   26-05-2026                    Perused the Letter No. 425 dated 02.05.2026 of the

                   Superintendent of Police, Nawada along with the Report dated

                   08.02.2026 of the Probationary Sub-Inspector of Police,

                   Akbarpur Police Station, Nawada, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Manoj Kumar @ Manoj Singh, is dead.

                               2. In view of the said letter as also Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.104 of 2013(5) dt.26-05-2026
                                            2/3




          continue the appeal and having regard to the settled position of

          law as enunciated by the Hon'ble Division Bench of the High

          Court of Judicature at Allahabad in Santosh Kumar Baranwal

          -Vrs.- State of UP, reported in 2010 SCC OnLine All 974,

          wherein it has been categorically held that upon conviction

          under Section 302 of the Indian Penal Code, 1860, the

          imposition of fine is discretionary in nature and does not partake

          the character of a mandatory requirement, and the legal position

          affirmed by the Hon'ble Division Bench of the High Court of

          Judicature at Bombay in Gopala Balu Kamble -Vrs.- State of

          Maharashtra, reported in 2011 SCC OnLine Bom 1290 being

          in consonance therewith, and whereas the appellant has since

          expired during the pendency of the present appeal and the

          conviction sought to be assailed pertains to the year 2012, and

          the State does not intend to pursue the recovery of the fine

          amount as imposed by the learned Trial Court, this Court , upon

          due consideration of the aforesaid facts, circumstances and

          settled legal position, hereby sets aside the order of imposition

          of fine passed by the learned Trial Court, and since the appeal

          insofar as it pertains to the sentence of imprisonment stands

          abated consequent upon the demise of the appellant, the present

          appeal is disposed of as having abated in its entirety.
         Patna High Court CR. APP (DB) No.104 of 2013(5) dt.26-05-2026
                                                     3/3




                                3. Let the trial court records be sent back to the

                   concerned court immediately, if not required in any other cases.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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