Bombay High Court

PUSHPA KAILAS KAMBLEversusTHE STATE OF MAH and ORS

Disposal: ABATED

Holding

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

Summary

The appellant, Pushpa Kailas Kamble, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. During the proceedings, counsel submitted that the appellant had died and produced a death certificate, which the court recorded. The court considered whether the appeal could continue in light of the appellant's death. No substantive arguments on the merits of the appeal were presented. Consequently, the court held that the appeal could not proceed and was abated. The judgment was delivered by Justice Abhay S. Waghwase on 9 September 2026.

Issues considered

Can a criminal appeal continue when the appellant is deceased?

Subjects

appeal abatement
death of appellant
criminal procedure
high court

Judgment

                                              922-Cri-Apeal-364-2006.odt




      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

            922 CRIMINAL APPEAL NO. 364 OF 2006

                    PUSHPA KAILAS KAMBLE
                             VERSUS
                  THE STATE OF MAH AND ORS
                                .…
Mr. V. B. Garud, Advocate for Appellant
Mr. V. S. Badakh, APP for Respondent No.1 - State
Mr. Joydeep Chatterji, Advocate for Respondent No.2
                                .…

                  CORAM : ABHAY S. WAGHWASE, J.

                     DATE : 09 September, 2026
PER COURT :-


1.         Learned counsel for appellant submits that, the

appellant is no more. He tendered the copy of death certificate.

The same is taken on record.


2.         In view of above, the appeal stands abated.



                                  [ ABHAY S. WAGHWASE, J. ]

SMS




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