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Patna High Court

JHAGARU BINDversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the appellant's death and the absence of an application by a near relative.

Summary

The appellant, Jhagaru Bind, filed a criminal appeal which was pending when he died, as evidenced by a death certificate. The Superintendent of Police submitted a report confirming the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • section 394 CrPC
  • section 435 BHNS 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.687 of 2006
                 ======================================================
                 Jhagaru Bind, Son of Kalpu Bind, Resident of Village-Bheldi (Nawanagar),
                 Police Station-Bhagawanpur, District-Kaimur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Bhaskar Shankar, Advocate
                 For the Respondent/s     :      Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   08-05-2026                    Perused the Letter No. 573 dated 30.04.2026 of the

                   Superintendent of Police, Kaimur along with the report of

                   S.H.O., Bhagwanpur Police Station, Kaimur dated 29.04.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Jhagaru Bind has died. Death certificate of the

                   appellant issued by Raipur Municipal Corporation, Department

                   of Planning, Economics and Statistics, Government of

                   Chhatisgarh, has also been enclosed with the said report.

                                  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
           Patna High Court CR. APP (DB) No.687 of 2006(7) dt.08-05-2026
                                                       2/2




                     disposed of.

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

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



                                                          (Sangam Kumar Sahoo, CJ)



                                                               (Harish Kumar, J)
ranjan/-

U


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