Bombay High Court

SHIVAJI NARSIMLU GURULWARversusTHE STATE OF MAHARASHTRA

Disposal: ABATED
Bench: RAJNISH R VYAS

Holding

The death of the appellant results in the abatement of the appeal.

Summary

The appellant, Shivaji Narsimlu Gurulwar, filed a criminal appeal against the State of Maharashtra. During the pendency of the appeal, the respondent submitted a communication dated 8 March 2026 along with a death certificate indicating that the appellant had died on 30 December 2023. The court accepted these documents as evidence of the appellant's death. Considering the appellant's demise, the court held that the appeal could not continue. Consequently, the appeal was abated, effectively dismissing the proceedings.

Issues considered

Whether a criminal appeal can continue after the death of the appellant

Subjects

criminal appeal
abated appeal
death of appellant
procedural law

Judgment

2026:BHC-AUG:9886
                                                                               3-APEAL-555-25.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               CRIMINAL APPEAL NO. 555 OF 2025

          Shivaji Narsimlu Gurulwar                                  ..APPELLANT
                VERSUS
          State of Maharashtra                                       ..RESPONDENT

                                               ....
          Mr. A.S. Shelke, Advocate for appellant
          Mr. V.K. Kotecha, A.P.P. for respondent - State
                                               ....

                                                       CORAM : RAJNISH R. VYAS, J.
                                                       DATE : 09th MARCH, 2026

          PER COURT :

          .          Learned A.P.P. has tendered a copy of communication dated 08 th

          March, 2026, so also copy of death certificate and contended that as per the

          aforesaid communication, it is reported that appellant – Shviaji Narsimlu

          Gurulwar has died on 30th December, 2023.



          2.         The said communication dated 08th March, 2026 and the death

          certificate are taken on record and marked ‘X’ for identification.



          3.         In that view of the matter, appeal is abated.




                                                              ( RAJNISH R. VYAS, J. )
          SSD



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