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Patna High Court

SAHDEO MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal abates upon the death of the appellant.

Summary

The appellant, Sahdeo Mahto, filed a criminal appeal against the State of Bihar, which remained pending. No counsel appeared for either side. The court ordered a living status report, and the Superintendent of Police submitted that the appellant had died during the pendency of the appeal. The court considered whether the appeal could continue after the appellant's death. Applying the principle that a criminal appeal abates upon the death of the appellant, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and the matter was consigned to the record.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant?

Subjects

  • death of appellant
  • abated appeal
  • criminal procedure
  • pendency of appeal
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.252 of 1998
                  ======================================================
                  SAHDEO MAHTO
                                                                 ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                              ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        None
                  For the Respondent/s   :        None
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

4    15-01-2026                  None appears on behalf of the parties.

                                2. Pursuant to order dated 06.12.2025 a living status

                    report of the accused appellant was called for. In response there

                    to, Superintendent of Police, Lakhisarai submitted report dated

                    15.12.2025, wherein, it has been stated that appellant namely,

                    Sahdeo Mahto has died during the pendency of this Cr. Appeal.

                                3. In view of the above, the instant Criminal Appeal

                    filed by appellant stands abated.

                                4. Consigned to record.



                                                (Nani Tagia, J)


                                             ( Sunil Dutta Mishra, J)
Siddharth
Sagar/-

U      T


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