Patna High Court
DINESH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The death of an appellant during the pendency of a criminal appeal abates the appeal.
Summary
The appellants Prakash Singh, Kuwar Singh and Dinesh Singh filed separate criminal appeals before the Patna High Court against convictions by the State of Bihar. The court issued a notice on 17 July 2025 requesting a living status report of the accused. The Superintendent of Police submitted a report on 7 August 2025 stating that all three appellants had died while the appeals were pending. The bench considered the legal effect of the death of an appellant on pending criminal proceedings. It held that the death of an appellant extinguishes the right to continue the appeal, resulting in abatement of the proceedings. Consequently, the court recorded that the criminal appeals stand abated.
Issues considered
- What is the legal consequence of the death of an appellant on a pending criminal appeal?
Subjects
- criminal appeal
- abatement
- death of appellant
- pendency
- procedural law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.232 of 2001
======================================================
PRAKASH SINGH
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 244 of 2001
======================================================
KUWAR SINGH
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 263 of 2001
======================================================
DINESH SINGH
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 232 of 2001)
For the Appellant/s : Mr. Ajay, Advocate
For the Respondent/s : Mr. APP
(In CRIMINAL APPEAL (DB) No. 244 of 2001)
For the Appellant/s : Mr. Ashutosh Kumar, Advocate
For the Respondent/s : Mr. APP
(In CRIMINAL APPEAL (DB) No. 263 of 2001)
For the Appellant/s : Mr. Ashutosh Kumar, Advocate
For the Respondent/s : Mr. Mahesh Narayan Parbat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
4 29-01-2026 Pursuant to letter dated 17.07.2025 a living status
report of the accused appellants was called for. In response
thereto, Superintendent of Police, Saran submitted report dated
07.08.2025, wherein, it has been stated that all the appellants
Patna High Court CR. APP (DB) No.232 of 2001(4) dt.29-01-2026
2/2
namely, Prakash Singh, Kuwar Singh and Dinesh Singh have
died during the pendency of these Cr. Appeals.
2. In view of the above, the Criminal Appeals filed by
appellants stand abated.
3. Consigned to record.
(Nani Tagia, J)
( Sunil Dutta Mishra, J)
Siddharth
Sagar/-
U T
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