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Patna High Court

JAMUN MEHTA @ BORHAN MEHTAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal stands abated upon the death of the appellant.

Summary

The appellant, Jamun Mehta @ Borhan Mehta, filed a criminal appeal (DB) No. 298 of 1997 before the Patna High Court. On 15 January 2026, the court received a report dated 23 July 2025 from the Superintendent of Police, Khagaria, stating that the appellant had died. The court examined whether the pending criminal appeal could continue in view of the appellant's death. Relying on the principle that criminal proceedings abate upon the death of the accused, the bench held that the appeal could no longer proceed. Consequently, the appeal was formally abated. No further orders were made.

Issues considered

  • Does the death of an appellant automatically abate a pending criminal appeal?

Subjects

  • criminal appeal
  • abeyance
  • death of accused
  • procedural law
  • Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.298 of 1997
                  ======================================================
                  Jamun Mehta @ Borhan Mehta

                                                                              ... ... Appellant/s
                                                      Versus
                  State of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :       Mr. Kaushal Kumar Jha, Sr. Advocate
                                                  Mr. Shankar Kumar Choudhary, Advocate
                  For the Respondent/s    :       Mr. Satya Narayan Prasad, APP
                  ======================================================
                  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                      Report dated 23.07.2025 of the Superintendent of

                    Police, Khagaria has been received regarding the living status of

                    the appellant, wherein it has stated that appellant, namely,

                    Jamun Mehta @ Borhan Mehta has died.

                                   2. In view of the above, the present Criminal Appeal

                    (DB) No. 298 of 1997 stands abated.



                                                 (Nani Tagia, J)


                                              (Sunil Dutta Mishra, J)
utkarsh/-

U


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