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
- Indian Penal Code — s. 324
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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