High Court of Gujarat

DILIPBHAI MAGANBHAI PATELversusSTATE OF GUJARAT

Disposal: 98-DISPOSED AS ABATED
Bench: HEMANT M PRACHCHHAK

Holding

The appeal is abated and disposed of due to the death of the accused‑respondent No.2.

Summary

The appellant, Dilipbhai Maganbhai Patel, filed a criminal appeal against his acquittal by the trial court. During the pendency of the appeal, the sole accused‑respondent No.2 died on 26 November 2024, and a death certificate dated 5 December 2024 was placed on record. The court held that the death of a co‑accused renders the appeal abated. Consequently, the appeal was disposed of and any bail bonds were cancelled. The case file was ordered to be sent back to the trial court for closure.

Issues considered

What is the effect of the death of a co‑accused on a pending criminal appeal?

Subjects

criminal appealabated appealdeath of accusedacquittalprocedural law

Judgment

      R/CR.A/1415/2022(GJHC240406562022)                                         ORDER DATED: 20/08/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1415 of 2022

   ==========================================================
                                  DILIPBHAI MAGANBHAI PATEL
                                             Versus
                                   STATE OF GUJARAT & ANR.
   ==========================================================
   Appearance:
   MR P P MAJMUDAR(5284) for the Appellant(s) No. 1
   MR JINESH H KAPADIA(5601) for the Opponent(s)/Respondent(s) No. 2
   MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
   Opponent(s)/Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE HEMANT M.
            PRACHCHHAK

                                            Date : 20/08/2026

                                              ORAL ORDER


            Mr.P P Majmudar, learned counsel has submitted that
   during the pendency of the appeal, the sole accused-respondent
   no.2 passed away on 26.11.2024. The copy of the death
   certi"cate issued by the competent authority dated 05.12.2024
   is received and taken on record.


            In view of the above, the present appeal is abated and
   accordingly, the appeal is disposed of. Bail bonds, if any, stands
   cancelled. Record and proceedings to be sent back to the
   concerned trial Court forthwith.

                                                                 (HEMANT M. PRACHCHHAK,J)
   ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/08/2026 17:31:27




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