Bombay High Court
REHANA EJAZ AHMED ANSARIversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Abated
Holding
The appeal is dismissed as abated due to the appellant's death, and the bail amount is ordered to be refunded.
Summary
The appellant was convicted by a Special Judge under Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to rigorous imprisonment. While Criminal Appeal No. 226 of 2022 was pending, the appellant died on 15 July 2024, as evidenced by a death certificate annexed to an interim application filed by his wife, Rehana Ejaz Ahmed Ansari. The interim application sought withdrawal of the appeal and a refund of the Rs.20,000 cash bail deposited by the appellant. The High Court held that the death of the appellant during the pendency of the appeal abates the appeal, leading to its dismissal. Consequently, the court ordered the refund of the bail amount to the applicant and disposed of both the appeal and the interim application.
Issues considered
- Whether the death of an appellant during the pendency of a criminal appeal abates the appeal.
- Whether the cash bail amount deposited by the appellant is refundable to the applicant upon the appellant's death.
Legislation cited
- Indian Penal Code — s. 354
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 12
Subjects
- appeal abatement
- death of appellant
- bail refund
- POCSO Act
- criminal procedure
Judgment
36-ia-1962-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1962 OF 2026
IN
CRIMINAL APPEAL NO.226 OF 2022
Rehana Ejaz Ahmed Ansari …Applicant
In the Matter of
Ijaj Ahmed @ Furtila Abdul
Matin Ansari ...Appellant
V/s.
State of Maharashtra & Ors. ...Respondents.
WITH
CRIMINAL APPEAL NO.226 OF 2022
Ijaj Ahmed @ Furtila Abdul
Matin Ansari ...Appellant
V/s.
State of Maharashtra & Ors. ...Respondents.
…………..
Ms Saba Salim i/by Tajammul Khan for the Applicant.
Mr. Mayur Sonawane, APP for the Respondent/State.
Ms Priyanka Chavan for the Respondent/Victim (through VC).
PSI Sutar, Agripada Police Station is present.
…………..
CORAM : N.R. BORKAR, J.
DATE : 17.09.2026.
P.C. :
1. Criminal Appeal No. 226 of 2022 is not on board. Taken on
board.
2. Criminal Appeal No. 226 of 2022 takes exception to the
judgment and order dated 27.1.2022 passed by the Special Judge
Under P.O.C.S.O. Act, 2012, Greater Bombay in Special Case
No.369 of 2016.
Dinesh S. Sherla 1/3
36-ia-1962-26.odt
3. In the aforesaid special case, the appellant was tried for the
offences punishable under Section 354 of the Indian Penal Code,
1860 (for short “IPC”) and Sections 10 and 12 of the Protection of
Children from Sexual Offences Act, 2012.
4. By the impugned judgment and order, the Special Court has
convicted the appellant for the offence punishable under Sections
10 and 12 of the Protection of Children from Sexual Offences Act
and sentenced him to suffer R.I. for 5 years and 3 years
respectively.
5. By Interim Application No. 1962 of 2026, the applicant –
Rehana, wife of the appellant in Criminal Appeal No. 226 of 2022,
seeks withdrawal of the appeal and refund of amount of
Rs.20,000/- deposited by the appellant towards cash bail, on the
ground that during pendency of the present appeal, the appellant
has expired on 15.07.2024. The death certificate of the appellant
is annexed at Exhibit-C to the interim application. The concerned
police station has verified and confirmed the said fact. .
6. In that view of the matter, Criminal Appeal No.226 of 2022 is
dismissed as abated.
7. The concerned Court shall refund the amount of Rs.20,000/-
deposited by the appellant towards cash bail to the applicant
Rehana in Interim Application No. 1962 of 2026.
Dinesh S. Sherla 2/3
36-ia-1962-26.odt
8. The Appeal and the Interim Application are disposed of in the
aforesaid terms.
[N.R.BORKAR, J.]
Dinesh S. Sherla 3/3
Checking your session…