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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