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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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