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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.