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Patna High Court

JATAI BIND @ JATAN BINDversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of where the appellant has died and no near relative applies for leave to continue.

Summary

The appellant Jatai Bind filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported in letters from the Superintendent of Police and the Police Inspector. The court examined whether the appeal could proceed in the absence of the appellant and without any application by a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.489 of 2004
                  ======================================================
                  Jatai Bind @ Jatan Bind, Son of Late Shyama Bind, Resident of Village-
                  Goraipur, Police Station-Bhabhua, District-Kaimur (Bhabhua).

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :      Mr. Rewti Kant Raman, Advocate
                  For the Respondent/s     :      Mr. Bipin Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

13   15-05-2026                    Perused the Letter No. 796 dated 11.05.2026 of the

                    Superintendent of Police, Kaimur, Bhabhua along with the

                    report of Police Inspector cum S.H.O., Bhabhua, Kaimur

                    dated 30.04.2026, wherein it is indicated that during enquiry it

                    came to light that the sole appellant Jatai Bind @ Jatan Bind has

                    died.

                                   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, the Criminal Appeal stands abated and

                    disposed of.

                               3. Let the trial court records be sent back to the
           Patna High Court CR. APP (DB) No.489 of 2004(13) dt.15-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                                       (Sangam Kumar Sahoo, CJ)



                                                              (Harish Kumar, J)
ranjan/-

U


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