High Court of Gujarat
STATE OF GUJARATversusRAMZANBHAI @ THUTHIYO BACHUBHAI SANDHI
- Decided
- Disposal
- 98-DISPOSED AS ABATED
- Bench
- HEMANT M PRACHCHHAK
Holding
The appeal is abated due to the death of the accused, and the bail bond is cancelled.
Summary
The State of Gujarat appealed against Ramzanbhai @ Thuthiyo Bachubhai Sandhi in a criminal matter. The Additional Public Prosecutor submitted a police report confirming that the accused had died on 2 July 2023, supported by a death certificate issued on 14 July 2026. The report also included a statement from the deceased’s brother, which was verified by the investigating agency. The Court examined whether the appeal could continue in view of the accused’s death. It held that the appeal stands abated because the accused is deceased, resulting in the cancellation of the bail bond. Consequently, the record and proceedings were ordered to be sent back to the trial court.
Issues considered
- Whether a criminal appeal can proceed when the accused has died
- Effect of the death of the accused on the bail bond
Subjects
- criminal appeal
- abated appeal
- death of accused
- bail bond cancellation
- procedural law
Judgment
R/CR.A/1628/2008 ORDER DATED: 15/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1628 of 2008
==========================================
STATE OF GUJARAT
Versus
RAMZANBHAI @ THUTHIYO BACHUBHAI SANDHI
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Appearance:
MS JYOTI BHATT APP for the Appellant(s) No. 1
RULE UNSERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 15/07/2026
ORAL ORDER
Ms.Bhatt, learned Additional Public Prosecutor has tendered the
police report sent by the Sarkhej Police Station, Ahmedabad City
contending that the respondent – Ramzanbhai @ Thuthiyo Bachubhai
Sandhi was expired on 02.07.2023, for which, the certificate dated
14.07.2026 issued by Sarkhej Ganj Ahmed Kabrastan Committee,
Sarkhej, Makarba, Ahmedabad. On the basis of the statement made
by brother of the deceased namely Mohammad Harun, the said fact
was verified by the concerned Investigating Agency. The said report
along with the certificate is taken on record.
In view of the aforesaid facts, the present appeal stands
disposed of as abated as the accused was expired. Bail bond stands
cancelled. Record and proceedings be sent back to the concerned
Trial Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2026 10:15:02
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