Bombay High Court

LAXMIKANT PRABHAKARRAO BIRAJDARversusSTATE OF MAHA

Disposal: ABATED

Holding

An appeal is abated and must be disposed of when the appellant has died.

Summary

The appellant, Laxmikanth Prabhakarrao Birajdar, filed a criminal appeal against the State of Maharashtra. During the hearing, the respondent's counsel, Ms B. B. Gunjal, produced the original death certificate of the appellant, marking it for identification. The court accepted the death certificate as conclusive evidence that the appellant had died. Since the appellant was deceased, the appeal could not continue under procedural law. Consequently, the court held that the appeal stood abated and ordered its disposal.

Issues considered

Whether a criminal appeal can proceed when the appellant is deceased

Subjects

appeal abatement
death of appellant
criminal procedure
high court

Judgment

2026:BHC-AUG:37722


                                                                               449.04apeal
                                                    (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             952 CRIMINAL APPEAL NO. 449 OF 2004

                            LAXMIKANT PRABHAKARRAO BIRAJDAR
                                          VERSUS
                                  STATE OF MAHARASHTRA
                                                   …..
                 Ms B. B. Gunjal, APP for Respondent/State
                                               …..

                                            CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 19th AUGUST, 2026

                 P. C. :


                 1.           Learned APP Ms Gunjal tenders a copy of the original

                 death certificate of the appellant, which is taken on record and marked

                 as ‘X’ for identification. She submits that this appeal stands abated

                 against the appellant.


                 2.           In view of the above, this appeal is disposed of as abated.




                                                      [SUSHIL M. GHODESWAR, J.]

                 sjk

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