Bombay High Court

SURSING BANKA BHILversusSTATE OF MAHA and ANR

Disposal: ABATED

Holding

The criminal appeals abated upon the death of the appellant and were therefore disposed of.

Summary

The appellant, Sursing Banka Bhil, filed two criminal appeals (Nos. 514 of 2003 and 690 of 2003) before the Bombay High Court, Aurangabad Bench. During the pendency of the appeals, the appellant died, and a death certificate marked ‘X’ for identification was produced. The learned counsel for the appellant informed the Court of the death. The Court examined whether the death of the appellant caused the appeals to abate. Relying on established procedural law, the Court held that the death of the appellant extinguishes the right to continue the criminal appeals. Consequently, both appeals were disposed of as abated. No substantive merits of the underlying criminal matters were addressed.

Issues considered

The death of an appellant during pendency of a criminal appeal: does it abate the appeal?

Subjects

death of appellant
abated appeal
criminal appeal
procedural law
High Court

Judgment

2026:BHC-AUG:38625

*1* 957apeal534a690o03

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 514 OF 2003
SURSING BANKA BHIL
VERSUS
STATE OF MAHARASHTRA AND ANR
...
Shri Patil Paresh B., Advocate for the Appellant.
Mrs. B.B. Gunjal, APP for the Respondents/ State.
...
WITH
CRIMINAL APPEAL NO. 690 OF 2003

STATE OF MAHARASHTRA
VERSUS
SURSING BANKA BHIL
...

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 25 August 2026

P. C. :-

1. Learned advocate for the appellant fairly states that

the appellant (Sursing Bhil) has passed away during pendency of

these appeals. He has produced on record the copy of death

certificate, which is marked as ‘X’ for identification.

2. Both Criminal Appeals are disposed of as being

abated.

kps ( SUSHIL M. GHODESWAR, J. )

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