Patna High Court
ASHOK GONDversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Ashok Gond, filed a criminal appeal (DB) No.380 of 2000 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The Court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that an appeal abates if no near relative seeks leave to continue it. Consequently, the appeal was abated and the case was disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.380 of 2000
======================================================
Ashok Gond, Son of Parashuram Gond, resident of Kaghzi Mohalla, Dindayal
Nagar, Police Station-Siwan Town, District-Siwan.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raghav Prasad, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 24-04-2026 Perused the Letter No. 136 dated 07.02.2026 of the
Superintendent of Police, Siwan, along with the Report dated
06.02.2026 of the Police Inspector-cum-S.H.O., Town Police
Station, Siwan as well as the Death Certificate, which was
issued by the Department of Planning and Development,
Government of Bihar; wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Ashok Gond, is
dead.
2. In view of the said letter 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, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.380 of 2000(4) dt.24-04-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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