ASHOKBHAI AMRUTBHAI NIMAVATversusSTATE OF GUJARAT
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
Holding
The appeal is abated upon the death of the sole appellant, subject to submission of a death certificate.
Summary
The appellant, Ashokbhai Amrutbhai Nimavat, had a pending criminal appeal before the Gujarat High Court. During the pendency of the appeal, the appellant passed away, and his counsel informed the court of his death and the pending issuance of a death certificate. The court considered whether the appellant's death automatically abates the pending appeal. It held that under procedural law, the death of a sole appellant results in the abatement of the appeal. Consequently, the court ordered the appellant’s counsel to file the death certificate within ten days, and the appeal was deemed abated.
Issues considered
- Does the death of a sole appellant automatically abate a pending criminal appeal?
- Is the production of a death certificate required to confirm the abatement of the appeal?
Subjects
Judgment
R/CR.A/2032/2010 ORDER DATED: 19/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 2032 of 2010
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ASHOKBHAI AMRUTBHAI NIMAVAT
Versus
STATE OF GUJARAT
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Appearance:
MR APURVA R KAPADIA(5012) for the Appellant(s) No. 1
MR.DIVYESH G NIMAVAT(3757) for the Appellant(s) No. 1
MR BHARGAV PANDYA APP for the Respondent No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 19/02/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
Mr. Apurva Kapadia, learned advocate for the appellant – accused,
upon instructions, states that the sole appellant – accused – Ashokbhai
Amrutbhai Nimavat pending present conviction appeal is passed away
and he is awaiting the death certificate.
On the basis of the statement made by Mr. Kapadia, learned
advocate for the appellant – accused, present Criminal Appeal stands
abated. Learned advocate Mr. Kapadia is requested to submit the death
certificate of appellant – accused before the Registry of this Court within
10 days from the date of this order.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 20/02/2026 16:34:19
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