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Bombay High Court

SANJAY DASHRATH DHANUREversusRAVINDRA BHAGWAT JAWALE

Disposal
ABATED

Holding

The appeal is abated and disposed off upon the death of the appellant.

Summary

The appellant, Sanjay Dashrath Dhanure, filed a criminal appeal before the Bombay High Court, Aurangabad Bench. During the pendency of the appeal, the appellant passed away, as evidenced by the submission of his death certificate. The sole question before the court was whether the death of the appellant would cause the appeal to abate. The court held that the death of the appellant extinguishes the right to continue the appeal, leading to its abatement. Consequently, the appeal was disposed of without any further hearing.

Issues considered

  • Whether the death of an appellant abates a criminal appeal?

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • procedural law

Judgment

                                                 937-Cri-Apeal-597-2006.odt




       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

            937 CRIMINAL APPEAL NO. 597 OF 2006

                  SANJAY DASHRATH DHANURE
                             VERSUS
                   RAVINDRA BHAGWAT JAWALE
                                .…
Ms Shilpa D. Magre h/f Mr. Vijay B. Patil, Advocate for Appellant
Mr. J. R. Shaikh, Advocate for Respondent
                                .…

                    CORAM : ABHAY S. WAGHWASE, J.

                      DATE : 10 September, 2026
PER COURT :-


1.          Learned counsel for appellant submits that the

appellant is no more. Pursis to that extent is placed on record.


2.          In view of above, appeal stands abated and disposed

off.


                                     [ ABHAY S. WAGHWASE, J. ]

SMS




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