Patna High Court
NAWAL SHAHIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates upon the death of the appellant.
Summary
The appellant, Nawal Shahi, filed Criminal Appeal No. 611 of 1998 against a conviction by the 3rd Additional Sessions Judge, Muzaffarpur. While the appeal was pending, the Assistant Registrar sought a living status report of the appellant. The Senior Superintendent of Police reported that the appellant had died in 2022. The Court examined whether the death of the appellant during pendency affected the continuation of the appeal. It held that the death of the appellant results in the abatement of the criminal appeal. Consequently, the appeal was recorded as abated and no further proceedings were ordered.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal under Indian law?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- pendency
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.611 of 1998
======================================================
NAWAL SHAHI
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kaushal Kumar Jha, Adv.
For the Respondent/s : Mr.Satya Narayan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )
5 16-03-2026 Instant Criminal Appeal, arising out of judgment and
order dated 31.10.1998 passed by learned 3rd Additional
Sessions Judge, Muzaffarpur in S.T. No.220/1996 is listed for
hearing.
2. Learned counsel for the appellant as well as learned
APP for the State are present.
3. Perusal of record shows that vide letter dated
05.02.2026 of Assistant Registrar, Criminal Appeal Section of
this Court, a living status report of accused appellant was called
for. In response thereto, Senior Superintendent of Police,
Muzaffarpur submitted a report dated 08.02.2026 based on the
information furnished by S.H.O., Minapur P.S. apprising this
Court that the sole appellant namely, Nawal Shahi has died in
Patna High Court CR. APP (DB) No.611 of 1998(5) dt.16-03-2026
2/2
the year, 2022, during pendency of this Criminal Appeal.
4. In view of the above, the instant Criminal Appeal filed
by appellant Nawal Shahi stands abated.
5. Consigned to record.
(Sanjay Kumar Singh , J)
( Sourendra Pandey, J)
pallavi/-
U T
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