High Court of Gujarat

STATE OF GUJARATversusAAMIN SWALE KASHIRI

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal stands abated due to the death of the accused.

Summary

The State of Gujarat appealed against the acquittal of the sole accused, Aamin Swale Kashiri. During the hearing, counsel for the respondent submitted a death certificate showing that the accused had died on 06-07-2024. The court recorded the death certificate and considered the effect of the accused's death on the pending criminal appeal. It held that the death of the accused extinguishes the criminal liability and consequently the appeal cannot proceed. Accordingly, the appeal was abated.

Issues considered

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

Subjects

criminal appealabated proceedingsdeath of accusedprocedural law

Judgment

          R/CR.A/382/2005                                                                    ORDER DATED: 12/02/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 R/CRIMINAL APPEAL NO. 382 of 2005

 ==========================================================
                                                STATE OF GUJARAT
                                                      Versus
                                               AAMIN SWALE KASHIRI
 ==========================================================
 Appearance:
 MR BHARGAV PANDYA, APP for the Appellant(s) No. 1
 H B SHETHNA(2436) for the Opponent(s)/Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
          and
          HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                     Date : 12/02/2026

                                    ORAL ORDER
                     (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


             Mr.H.B. Shethna, learned advocate for the respondent, upon
 instructions has submitted that the sole respondent-accused viz. Kasiri
 Aba Amin has passed away on 06.07.2024. The death certificate tendered
 by him, is ordered to be taken on record.
             In that view of the matter, the acquittal appeal stands abated.




                                                                                                      (ILESH J. VORA,J)




                                                                                                   (R. T. VACHHANI, J)
 MVP

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/02/2026 17:35:40




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