Bombay High Court

ASHOK HEERAMAN SATDIVEversusSTATE OF MAHA

Disposal: Appeal Abated

Holding

The appeal is abated due to the death of the appellant, and the fine deposited is to be refunded to his family.

Summary

The appellant, Ashok Heerman Satdive, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. During the pendency of the appeal, the appellant's counsel submitted information that the appellant had died, corroborated by the appellant's employer. The Court considered whether the appeal could continue in light of the appellant's death. It held that the appeal stands abated because the appellant, being the accused, is deceased. Consequently, the Court ordered that any fine deposited by the appellant be refunded to his family members.

Issues considered

Whether a criminal appeal can proceed when the appellant/accused has died.
Whether a fine deposited by the appellant should be refunded to his family upon abatement of the appeal.

Subjects

criminal appeal
abated appeal
death of appellant
refund of fine
high court

Judgment

2026:BHC-AUG:34988


                                                                               278.04apeal
                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             940 CRIMINAL APPEAL NO. 278 OF 2004

                                      ASHOK HEERAMAN SATDIVE
                                               VERSUS
                                       STATE OF MAHARASHTRA
                                                   …..
                 Mr B. S. Kudale, Advocate for Appellant
                 Mr C. V. Bhadane, APP for Respondent/State
                                                …..

                                           CORAM : SUSHIL M. GHODESWAR, J.

                                             DATE : 11th AUGUST, 2026

                 P. C. :


                 1.          Mr Kudale, learned Advocate for the appellant, at the

                 outset, submits that he has received information from reliable source as

                 well as from employer of the appellant that the appellant has expired.

                 2.          In that view of the matter, this appeal is abated against the

                 appellant/accused.

                 3.          The fine amount deposited by the appellant in this Court,

                 if any, be refunded to the family members of the appellant.



                                                     [SUSHIL M. GHODESWAR, J.]

                 sjk

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