Bombay High Court

ASHOKKUMARR AKSHYABATNATH MISHTRAversusTHE STATE OF MAHARASHTRA

Disposal: ABATED

Holding

The appeal stands abated due to the appellant's death and is therefore disposed of.

Summary

The appellant, Ashokkumarr Akshyabatnath Mishtra, filed a criminal appeal but did not appear before the court. A bailable warrant was issued, and a report indicated that the appellant had died, though his son failed to produce a death certificate. The court considered whether the appeal could continue in the absence of a death certificate. It held that the appeal stands abated due to the appellant's death, despite the missing certificate. Consequently, the appeal was disposed of as abated.

Issues considered

The appeal can proceed when the appellant is reported dead but no death certificate is produced

Subjects

criminal appeal
abated appeal
death of appellant
procedural law
bailable warrant

Judgment

2026:BHC-AUG:45360


                                               1/1                       958-APEAL-393-2002


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                958 CRIMINAL APPEAL NO. 393 OF 2002

                              Ashokkumarr Akshyabatnath Mishtra
                                            VERSUS
                                    The State Of Maharashtra
                                               …..
             Mr. M. A. Aher, APP for Respondent – State.
                                                …..

                                                CORAM : SUSHIL M. GHODESWAR, J.

                                                DATE    : 29 SEPTEMBER, 2026

             PC:

             1.        Since nobody was appearing on behalf of the appellant, a bailable

             warrant was issued against the appellant. The report discloses that the

             appellant has expired. However, his son would not produced the death

             certificate. Since there is a report stating that the appellant has expired,

             the appeal stands abated.

             2.        Hence, the appeal is disposed of as abated.



                                                            (SUSHIL M. GHODESWAR, J.)




             Kiran Kawre

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