Bombay High Court

PRABHAKAR BARKU SATHEversusTHE STATE OF MAH.

Disposal: ABATED

Holding

The appeal was abated and disposed of because the appellant had died, as evidenced by the death certificate.

Summary

The appellant, Prabhakar Barku Sathe, filed a criminal appeal against the State of Maharashtra. During the proceedings, the appellant’s advocate withdrew his authority, prompting the court to issue a notice to the appellant. A service report later indicated that the appellant had died, and the court sought the original death certificate, which was not produced despite repeated requests. A photocopy of the death certificate was eventually submitted with the report. On the basis of the death certificate, the court held that the appeal stood abated and consequently disposed of the appeal.

Subjects

appeal abatement
death of appellant
criminal appeal
abated proceedings
death certificate

Judgment

2026:BHC-AUG:37720


                                                                              619.04apeal
                                                     (1)

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             953 CRIMINAL APPEAL NO. 619 OF 2004

                                    PRABHAKAR BARKU SATHE
                                             VERSUS
                                   THE STATE OF MAHARASHTRA
                                                    …..
                 Mr C. V. Bhadane, APP for Respondent/State
                                               …..
                                         CORAM : SUSHIL M. GHODESWAR, J.

                                                 DATE : 19th AUGUST, 2026
                 P. C. :


                 1.           Earlier, learned Advocate Mr Malte had withdrawn his

                 power, and therefore, this Court had issued notice to the appellant.

                 The service report came to be submitted to this Court. As per the said

                 report, the applicant is reported to have expired.     Despite several

                 efforts by this Court, directing the learned APP to procure the original

                 death certificate of the appellant for verification, no such certificate

                 has been produced, till date.


                 2.           Today, again this matter is listed.     Learned APP Mr

                 Bhadane states that despite several communications sent to the

                 concerned Police Station, no such certificate has been produced.


                 3.           The Court service report indicates that the appellant has

                 expired and a photocopy of the said death certificate of the appellant
                                                              619.04apeal
                                   (2)

was produced alongwith        the said report.    In view of the said

photocopy of the death certificate, this appeal stands abated against the

appellant.


4.           In view of above, this appeal is disposed of as abated.




                                     [SUSHIL M. GHODESWAR, J.]

sjk

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