Bombay High Court
LAIK AHMAD KHANversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Abated
Holding
The criminal appeal is abated and disposed of because the appellant died during its pendency.
Summary
The appellant, Laik Ahmad Khan, appealed against his conviction by the Additional Sessions Judge, Thane, for offences under Sections 135 and 138 of the Electricity Act, 2003. The appeal was filed in Criminal Appeal No.1129 of 2019. During the pendency of the appeal, the appellant died on 12 March 2024, and a death certificate was produced and marked for identification. The learned Judge considered the effect of the appellant's death on the pending criminal appeal. Holding that a criminal appeal abates upon the death of the appellant, the Court disposed of the appeal as abated.
Issues considered
- The appeal is barred by the death of the appellant during pendency; does the criminal appeal abate upon the appellant's death?
Legislation cited
- Electricity Act, 2003 — s. 135, 138
Subjects
- Electricity Act
- Section 135
- Section 138
- Criminal appeal
- Abatement
- Death of appellant
- Conviction
Judgment
1 58-APEAL 1129-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1129 OF 2019
Laik Ahmad Khan … Appellant
Vs.
The State of Maharashtra & Anr. … Respondents
-----
Mr. Nandkumar Vasudeo Sawant for the Appellant.
Ms. Rutuja Ambekar, APP for the Respondent-State.
Mr. Prathamesh Bhosale a/w Soham S. Joshi i/by Kavisha Shah for
Respondent No.2.
-----
CORAM : N.R. BORKAR, J.
DATE : 28TH AUGUST 2026
P.C. :
Digitally
signed by
MUGDHA
MUGDHA
MANOJ
PARANJAPE
1. This Appeal takes exception to the judgment and order dated 08 th
MANOJ
PARANJAPE Date:
2026.08.28
18:30:31
+0530
August 2019 passed by the Additional Sessions Judge, Thane in Special
Case M.S.E.B. No.23 of 2015.
2. By the impugned judgment and order, the Learned Additional
Sessions Judge has convicted the present Appellant for the offences
punishable under Sections 135 and 138 of the Electricity Act, 2003.
3. Learned Counsel for the Appellant submits that during pendency of
the present Appeal, the Appellant has expired on 12 th March 2024.
Learned Counsel for the Appellant has tendered the death certificate,
which is taken on record and marked ‘X’ for the purpose of identification.
4. The Criminal Appeal is thus disposed of as abated.
(N.R. BORKAR, J.)
Mugdha 1 of 1
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