Patna High Court
Jaybind Pandit @ Jay Govind PanditversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for its continuation under the applicable statutory provision.
Summary
The appellant, Jaybind Pandit, had filed a criminal appeal (Cr. App. No.903 of 2013) against a conviction by the State of Bihar. While the appeal was pending, the police and local authorities informed the court that the appellant had died. The court examined the letters and reports confirming the death. The issue before the court was whether the appeal could continue in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal must abate if no relative seeks its continuation. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.903 of 2013
Arising Out of PS. Case No.-4 Year-2002 Thana- SIKARHATTA District- Bhojpur
======================================================
Jaybind Pandit @ Jay Govind Pandit Son Of Sheojee Pandit, Resident Of
Village Kurmuri, P.S. Sikrahatta, District Bhojpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhavesh Kumar, Adv.
For the Respondent/s : Mr. A. Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 17-04-2026 Perused the Letter No. 216 dated 15.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 08.02.2026 of S.H.O, Sikarhatta Police Station and the
Letter dated 08.02.2026 of the Mukhiya of Gram Panchayat-
Kurmari, Block-Tarari, District-Bhojpur; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Jaybind Pandit @ Jay Gobind Pandit, is dead.
2. In view of the said letter 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.903 of 2013(5) dt.17-04-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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