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Patna High Court

PAWAN DEVIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the death of the appellant.

Summary

The appellant, Pawan Devi, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as reported in an affidavit filed by the SDPO, Belsand. The court, noting the death, held that the appeal could not continue and therefore stood abated. No arguments were presented on behalf of the appellant. The matter was consigned to the record, effectively terminating the appeal.

Issues considered

  • Does the death of an appellant during the pendency of a criminal appeal abate the appeal?

Subjects

  • appeal abatement
  • death of appellant
  • criminal appeal
  • pendency
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.294 of 1996
                  ======================================================
                  PAWAN DEVI
                                                                 ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                              ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :    None
                  For the Respondent/s   :    Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE ANSUL
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

5    11-02-2026                 None appears on behalf of the appellant.

                                2. Pursuant to order dated 15.12.2025, a living status

                    report of the accused appellant was called for. In response

                    thereto, S.D.P.O., Belsand, Sitamarhi has filed an affidavit dated

                    03.02.2026, wherein, it has been stated that the sole appellant

                    namely, Pawan Devi 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)


                                                ( Ansul, J)
Siddharth
Sagar/-

U      T


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