Bombay High Court

DADARAO @ ANIL BHAGWAN UJGAREversusTHE STATE OF MAHARASHTRA

Disposal: ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased.

Summary

The appellant, Dadarau @ Anil Bhagwan Ujgare, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. During the proceedings, counsel for the appellant submitted a death certificate, indicating that the appellant had passed away. The court was required to determine whether the appeal could continue in light of the appellant's death. Relying on procedural principles that an appeal cannot proceed when the appellant is deceased, the court held that the appeal stands abated. Consequently, the appeal was disposed of without further hearing.

Issues considered

Can a criminal appeal proceed when the appellant is deceased?

Subjects

appeal abatement
death of appellant
criminal appeal
procedural law

Judgment

                                                 940-Cri-Apeal-550-2016.odt




        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

               940 CRIMINAL APPEAL NO. 550 OF 2016

              DADARAO @ ANIL BHAGWAN UJGARE
                               VERSUS
                  THE STATE OF MAHARASHTRA
                                 .…
Mr. Sudarshan J. Salunke, Advocate for Appellant
Mr. V. V. Jahagirdar, APP for Respondent - State
                                 .…

                      CORAM : ABHAY S. WAGHWASE, J.

                        DATE : 23 September, 2026
PER COURT :-


1.             Learned counsel for appellant submits that, appellant

is no more. He tenders across the bar pursis and copy of death

certificate.


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

it is disposed off.



                                      [ ABHAY S. WAGHWASE, J. ]
SMS




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