Bombay High Court

PRAKASH GANGADHAR BAGULversusSMT.MANGAL PRAKASH BAGUL and ANR

Decided: 18 September 2026
Disposal: Abated

Holding

The appeal is dismissed as abated because the appellant died during its pendency.

Summary

The appellant, Prakash G. Bagul, was convicted by the Additional Sessions Judge in Sessions Case No. 890 of 1998 for an offence under Section 307 of the Indian Penal Code and sentenced to seven years of rigorous imprisonment. While the appeal (Criminal Appeal No. 593 of 2001) was pending, the appellant died on 19 April 2003. The High Court considered whether the appeal could continue after the death of the appellant. Relying on the principle that criminal appeals abate upon the death of the accused, the Court dismissed the appeal as abated. The judgment thus upheld the conviction but terminated the appellate proceedings due to the appellant's demise.

Issues considered

What is the effect of the death of an appellant on a pending criminal appeal?

Legislation cited

Indian Penal Code — s. 307

Subjects

criminal law
attempt to murder
appeal abatement
death of appellant
IPC 307

Judgment

                                                           11-apeal-593-2001.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                  CRIMINAL APPEAL NO. 593 OF 2001

Prakash G. Bagul                                 …Appellant
     V/s.
Smt. Mangal P. Bagul & Anr.                      ...Respondents.

                             …………..
Mr. Y.Y Dabake, APP for the Respondent/State.
                             …………..

                                CORAM        :   N.R. BORKAR, J.
                                DATE         :   18.09.2026.

P.C. :


1.         This Appeal takes exception to the Judgment and Order

dated 30th June 2001 passed by the learned Additional Sessions

Judge, Greater Bombay in Sessions Case No.890 of 1998.



2.         By the impugned Judgment and Order the learned Additional

Sessions Judge has convicted the present Appellant for the offence

punishable under Section 307 of Indian Penal Code and sentenced

to suffer rigorous imprisonment for seven years.



3.         It appears from the report submitted by the concerned Police

Station that, during the pendency of the Appeal the Appellant has

expired on 19th April 2003.

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                                                      11-apeal-593-2001.odt


4.         In that view of the matter, the Appeal is dismissed as

abated.



                                            [N.R.BORKAR, J.]




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