Bombay High Court

MAGANLAL MANIKPRASAD KAPOORversusBHAGWANDAS GURU RANGIRAM and ANR

Disposal: ABATED

Holding

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

Summary

The appellant, Maganlal Manikprasad Kapoor, filed a criminal appeal (No. 102 of 2006) before the Bombay High Court, Aurangabad Bench. During the pendency of the appeal, the appellant died, and a death certificate was submitted through the Bailiff's report. The court considered whether the appeal could continue after the death of the appellant. Relying on procedural law, the court held that the death of the appellant extinguishes the right to appeal. Consequently, the appeal was deemed abated and no further hearing was required.

Issues considered

What is the effect of the appellant's death on the pending criminal appeal?

Subjects

appeal abatement
death of appellant
criminal procedure
high court

Judgment

                                                 929-Cri-Apeal-102-2006.odt




       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

            929 CRIMINAL APPEAL NO. 102 OF 2006

               MAGANLAL MANIKPRASAD KAPOOR
                             VERSUS
            BHAGWANDAS GURU RANGIRAM AND ANR
                               .…
Mr. V. S. Badakh, APP for Respondent No.-2 - State
                               .…

                    CORAM : ABHAY S. WAGHWASE, J.

                      DATE : 22 September, 2026
PER COURT :-


            In view of death certificate of appellant received

through the Bailiff's report, the appeal stands abated.




                                     [ ABHAY S. WAGHWASE, J. ]

SMS




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