Bombay High Court

VALERIE SANTOSversusTHE STATE OF MAHARASHTRA

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The criminal appeal abated upon the appellant's death and was consequently disposed of, along with the pending interim applications.

Summary

The appellant, Satish Nafeshing Dulgaj, died on 3 November 2025 while his criminal appeal (No. 790 of 2016) was pending before the Bombay High Court. The counsel for the appellant informed the Court of his death. The Court held that the death of the appellant caused the appeal to abate, leading to its disposal. Consequently, the pending interim applications related to the appeal were also dismissed as there was nothing left to consider. The order was pronounced by Justices M.S. Karnik and Sandesh D. Patil.

Issues considered

What is the effect of the death of an appellant on a pending criminal appeal?
What is the appropriate disposition of interim applications linked to an abated appeal?

Subjects

criminal appeal
abated appeal
death of appellant
interim application
disposal

Judgment

          Digitally
          signed by
          RUPALI
                                                                 303.APEAL-790-2016.odt
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.29
          11:11:32
          +0530        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL APPEAL NO.790 OF 2016


                  Satish Nafeshing Dulgaj                      ...Appellant
                        Versus
                  The State of Maharashtra                     .… Respondent

                                        WITH
                          INTERIM APPLICATION NO.990 OF 2025
                                          IN
                            CRIMINAL APPEAL NO. 790 OF 2016

                  Valerian Santos                              ...Applicant
                        Versus
                  The State of Maharashtra                     .… Respondent

                                        WITH
                         INTERIM APPLICATION NO.2616 OF 2025
                                         IN
                           CRIMINAL APPEAL NO.790 OF 2016

                  Valerie Santos                               ...Applicant
                        Versus
                  The State of Maharashtra                     .… Respondent

                                        ****
                  Dr. Yug Mohit Chaudhary a/w Mr. Dashrath Gaikwad, for the
                  Appellant.

                  Ms. Gayatri Gokhale a/w Mr. Aakash Gupta a/w Mr. Amit Padwal,
                  Mr. Shane Santos, Mr. Anash Irani, for the intervener.

                  Mr. Aabad Ponda, Senior Advocate, Special PP a/w Mr. Bahraiz Irani,

  Wakodikar                                                                         1/2
                                                              303.APEAL-790-2016.odt


            Ms. M.H.Mhatre, APP, for the respondent-State.

            Mr. Umesh Jadhav, PSI attached to D.N.Nagar Police Station, present.

                                CORAM : M. S. KARNIK &
                                        SANDESH D. PATIL JJ.
                                DATE : 28th AUGUST, 2026

            P.C. :

            1.         Mr. Chaudhary, learned Counsel for the appellant – Satish

            Nafeshing Dulgaj in Criminal Appeal No. 790 of 2016 submits that

            the appellant – original accused No.2 -     Satish Nafeshing Dulgaj

            expired on 3rd November, 2025.


            2.         In such view of the matter, Criminal Appeal No. 790 of

            2016 stands abated and accordingly disposed of.


            3.         In view of the disposal of the criminal appeal, nothing

            survives for further consideration in the interim applications pending

            therein. The same are also disposed of.




            (SANDESH D. PATIL, J.)                        (M. S. KARNIK, J.)


Wakodikar                                                                        2/2

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