Patna High Court
SUDHIR MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death.
Summary
Sudhir Mandan filed a criminal appeal (DB) No.705 of 2004 before the Patna High Court. While the appeal was pending, a living status report was ordered on 09-12-2025. The Superintendent of Police submitted a report on 07-01-2026 stating that the appellant had died. The Court held that the death of the appellant during pendency causes the appeal to stand abated. Consequently, the appeal was closed without any further hearing.
Issues considered
- Does the death of an appellant during the pendency of a criminal appeal abate the appeal?
Subjects
- death of appellant
- abated appeal
- criminal appeal
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.705 of 2004
======================================================
Sudhir Mandal
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Viveka Nand Singh, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
6 29-01-2026 Pursuant to order dated 09.12.2025 a living status
report of the accused appellant was called for. In response
thereto, Superintendent of Police, Purnea submitted report dated
07.01.2026, wherein, it has been stated that appellant, namely,
Sudhir Mandal has died during the pendency of this Cr. Appeal.
2. In view of the above, the instant Criminal Appeal
filed by appellant stands abated.
3. Consigned to record.
(Nani Tagia, J)
( Sunil Dutta Mishra, J)
Siddharth
Sagar/-
U T
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