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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

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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