Bombay High Court

ANTHONY IGNATIUS FERNANDESversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 2 July 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The appeal is abated upon the death of the appellant.

Summary

The appellant, Anthony Ignatius Fernandes, filed a criminal appeal (No. 395 of 2026) against the State of Maharashtra. During the proceedings, the appellant's counsel sought to submit the appellant's death certificate. The court granted leave, accepted the death certificate showing the appellant died on 5 June 2026, and recorded it. Consequently, the court held that the appeal could not continue and was abated due to the appellant's death. The appeal was therefore disposed as abated, and the pending interim applications were also dismissed.

Issues considered

Does the death of the appellant abate a pending criminal appeal?

Subjects

Abatement
Death of appellant
Criminal appeal
Procedural law

Judgment

  2026:BHC-AS:27173

                                                                                         14 apeal 395 of 2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION
                                             CRIMINAL APPEAL NO.395 OF 2026
                                                          WITH
                                           INTERIM APPLICATION NO.1446 OF 2026
                                                          WITH
                                           INTERIM APPLICATION NO.1447 OF 2026

                      Anthony Ignatius Fernandes                          ...         Appellant
                           versus
                      The State of Maharashtra and Anr.                   …           Respondents

                      Mr. Ayush Choubey i/by Mr. Vaibhav S. Parab, for Appellant.
                      Mr. R.S.Tendulkar, APP for State.
                      PSI K.N.Dhaware, L.T.Marg Police Station present.

                                           CORAM:      N.J.JAMADAR, J.
                                           DATE :      2 JULY 2026
                      P.C.

                      1.       Heard the learned Counsel for the Appellant.

                      2.       Learned Counsel for the Appellant seeks leave to tender a copy of the

                      death certificate of the Appellant.

                      3.       Leave granted.

                      4.       Death certificate issued by the Municipal Corporation of Greater

                      Mumbai reveals that the Appellant passed away on 5 June 2026.

                      5.       The death certificate is taken on record and marked ‘X’.

                      6.       The appeal stands disposed as abated.

                      7.       In view of the disposal of the Appeal, Interim Applications also stand

                      disposed.

                                                                          ( N.J.JAMADAR, J. )

                      SSP                                                       1/1



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 03/07/2026 13:02:22

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