Patna High Court
SHANKER MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, the fine order was set aside, and the appeal was disposed of in its entirety.
Summary
Shanker Mahto, convicted under Section 302 of the IPC, appealed his sentence. While the appeal was pending, the appellant died, as evidenced by a death certificate and police reports. Under Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no near relative filed an application to continue the appeal. The Court, relying on Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra, held that the fine imposed was discretionary and, with the State not seeking recovery, set aside the fine order. Since the appellant’s death abates the appeal, the Court disposed of the appeal in its entirety.
Issues considered
- The effect of the appellant's death on a pending criminal appeal under Section 394 CrPC.
- Whether a discretionary fine imposed under a conviction can be set aside when the appellant dies and the State does not pursue recovery.
- Whether the appeal can continue without a near relative filing an application for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- appellant death
- abated appeal
- discretionary fine
- Section 302 IPC
- Section 394 CrPC
- fine remission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.31 of 2001
======================================================
Shanker Mahto, Son of Pulkit Mahto, Resident of Village-Ratan, Police
Station-Bakhari, District-Begusarai.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rai Mukesh Sharma, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 1238 dated 04.05.2026 of the
Superintendent of Police, Begusarai along with the report of
Police Inspector cum S.H.O., Bakhri Police Station, Begusarai
dated 03.05.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Shanker Mahto has died.
Certificate of death of the appellant issued by Mukhiya of Gram
Panchayat Raj, Raatan, Block-Bakhir, Begusarai has also been
enclosed with the said reports.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal and having regard to the settled position of
Patna High Court CR. APP (DB) No.31 of 2001(3) dt.26-05-2026
2/3
law as enunciated by the Hon'ble Division Bench of the High
Court of Judicature at Allahabad in Santosh Kumar Baranwal
-Vrs.- State of UP, reported in 2010 SCC OnLine All 974,
wherein it has been categorically held that upon conviction
under Section 302 of the Indian Penal Code, 1860, the
imposition of fine is discretionary in nature and does not partake
the character of a mandatory requirement, and the legal position
affirmed by the Hon'ble Division Bench of the High Court of
Judicature at Bombay in Gopala Balu Kamble -Vrs.- State of
Maharashtra, reported in 2011 SCC OnLine Bom 1290 being
in consonance therewith, and whereas the appellant has since
expired during the pendency of the present appeal and the
conviction sought to be assailed pertains to the year 2000, and
the State does not intend to pursue the recovery of the fine
amount as imposed by the learned Trial Court, this Court, upon
due consideration of the aforesaid facts, circumstances and
settled legal position, hereby sets aside the order of imposition
of fine passed by the learned Trial Court, and since the appeal
insofar as it pertains to the sentence of imprisonment stands
abated consequent upon the demise of the appellant, the present
appeal is disposed of as having abated in its entirety.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.31 of 2001(3) dt.26-05-2026
3/3
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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