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Bombay High Court

ASHFAQ KHAN SHARIF KHAN PATHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Abated

Holding

The appeal is dismissed as abated because the appellant died while the appeal was pending.

Summary

The appellant, Ashfaq Khan Sharif Khan Pathan, was convicted by the Additional Sessions Judge, Thane, for assault causing hurt under Section 324 of the Indian Penal Code and was sentenced to a fine of Rs.5,000 with default imprisonment of three months. While the appeal was pending, the appellant died on 4 June 2015, as recorded in a police report dated 23 August 2026. The High Court considered whether the appeal could continue after the death of the appellant. Relying on the principle that criminal proceedings abate upon the death of the accused, the Court dismissed the appeal as abated. Consequently, the conviction and sentence stand, but the appeal is terminated due to the appellant’s death.

Issues considered

  • Does the death of an appellant during pendency of a criminal appeal abate the appeal proceedings?

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • IPC 324
  • conviction
  • sentencing

Judgment

                                                          1                15-APEAL 639-01.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                            CRIMINAL APPEAL NO.639 OF 2001

                       Ashfaq Khan Sharif Khan Pathan                 … Appellant
                             Vs.
                       State of Maharashtra                           … Respondent
                                                              -----
                       None for the Appellant.
                       Mr. V. N. Sagare, APP for the Respondent-State.
                                                           -----
                                                       CORAM : N.R. BORKAR, J.
                                                       DATE      : 21ST SEPTEMBER 2026
          Digitally
                       P.C. :
          signed by
          MUGDHA
          MANOJ
MUGDHA
MANOJ     PARANJAPE
PARANJAPE Date:
                       1.       This Appeal takes exception to the judgment and order dated 16 th
          2026.09.21
          15:12:06
          +0530
                       June 2001 passed by the Additional Sessions Judge, Thane in Sessions
                       Case No.320 of 1997.

                       2.       By the impugned judgment and order, the Learned Additional
                       Sessions Judge has convicted the present Appellant for the offence
                       punishable under Section 324 of the Indian Penal Code and sentenced him
                       to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for
                       three months.

                       3.       The report submitted by the concerned police station dated 23 rd
                       August 2026 shows that during pendency of the present Appeal, the
                       Appellant has expired on 04th June 2015.

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


                                                                      (N.R. BORKAR, J.)


                            Mugdha                                                               1 of 1


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