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Patna High Court

SARYU SINGH @ SARYUG SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated due to the appellant's death, the discretionary fine was set aside, and the imprisonment sentence was deemed extinguished.

Summary

The appellant, Saryug Singh, was convicted under Section 302 of the IPC and appealed the conviction and sentence. While the appeal was pending, the appellant died, as confirmed by police reports. No near relative filed an application for leave to continue the appeal under CrPC Section 394 (or the corresponding Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Court noted that the imposition of a fine is discretionary and, with the appellant deceased and the State not seeking recovery of the fine, set aside the fine order. The imprisonment portion of the sentence was held to abate due to the appellant's death, and the appeal was disposed of as fully abated.

Issues considered

  • The effect of the appellant's death on a pending criminal appeal under CrPC Section 394/BNSS Section 435.
  • Whether a discretionary fine imposed on conviction can be set aside when the appellant dies.
  • Whether the imprisonment sentence stands after the appellant's demise.

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abated appeal
  • discretionary fine
  • Section 302 IPC
  • CrPC Section 394
  • BNSS Section 435
  • sentencing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.492 of 2008
                 ======================================================
                 Saryug Singh @ Saryu Singh, son of Prasad Singh, resident of Village- Jamua
                 Nawadih, P.S.- Rohtas, District- Rohtas

                                                                                 ... ... Appellant

                                                      Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Ms. Reena Sinha, Advocate
                 For the Respondent    :         Mr. Sujit Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   26-05-2026                 Perused     the     report      dated   11.05.2026      of    the

                   Superintendent of Police, Rohtas along with the report dated

                   07.05.2026 of the Police Inspector-cum-S.H.O., Rohtas Police

                   Station, Rohtas, which indicate that the sole appellant Saryug

                   Singh @ Saryu Singh is dead.

                               2. In view of the said reports 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
Patna High Court CR. APP (DB) No.492 of 2008(5) dt.26-05-2026
                                            2/3




          continue the appeal and having regard to the settled position of

          law as enunciated by the Hon'ble Division Bench of the High

          Court of Judicature at Allahabad in Santosh Kumar Baranwal

          v. 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 v. 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 2007, 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.
           Patna High Court CR. APP (DB) No.492 of 2008(5) dt.26-05-2026
                                                       3/3




                                  3. Let the trial court record be sent back to the

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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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