Patna High Court
JAJ YADAV @ JAJ SINGHversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates on the death of the appellant.
Summary
The appellant, Jaj Yadav, filed a criminal appeal (DB) No.1081 of 2018 arising from a 2001 case in Rohtas. While the appeal was pending, the jail superintendent informed the court that the appellant had died on 19 May 2022. The central issue was whether the appeal could continue after the death of the appellant. The court applied the principle that a criminal appeal abates upon the death of the appellant, as the appellant’s personal right to appeal ceases. Consequently, the court recorded the abatement of the appeal, effectively terminating the proceedings.
Issues considered
- Whether a criminal appeal stands after the death of the appellant
Subjects
- appeal
- death of appellant
- abeyance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1081 of 2018
Arising Out of PS. Case No.-134 Year-2001 Thana- KARAKAT District- Rohtas
======================================================
Jaj Yadav @ Jaj Singh, S/o Late Ram Raj Yadav, R/o Vill.- Gamhariya, P.S.-
Karakat, District- Rohtas at Sasaram.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr.Ramchandra Singh, Advocate
For the Respondent/s : Mrs.Shashi Bala Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
16 20-04-2026 It is submitted by the office on the basis of letter
received from Jail Superintendent, Buxar that the sole appellant
of this appeal has expired on 19th May, 2022.
2. In view of death of the appellant, the instant appeal
abates. Record abatement of the appeal due to death of the
appellant.
(Bibek Chaudhuri, J.)
(Chandra Shekhar Jha, J.)
Rajeev/-
U T
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