Bombay High Court

SHRI HARIBHAU TUKARAM PATIL and OTHERS.versusTHE STATE OF MAHARASHTRA .

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The appeal was dismissed as abated because all the appellants had expired.

Summary

The appellants were convicted by a Sessions Court for violating Section 16 of the Bonded Labour System (Abolition) Act, 1976 and were sentenced to two years' rigorous imprisonment, while being acquitted of charges under Section 3(1)(vi) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989. They appealed the conviction, but during the pendency of the appeal the counsel for the appellants informed the court that all the appellants had died. The State counsel could not verify the deaths due to incomplete address details. The High Court accepted the appellant's statement regarding their deaths and dismissed the appeal as abated. Consequently, the conviction and sentence stand, but the appeal itself was terminated because the parties were deceased.

Issues considered

What is the effect on a pending criminal appeal when all appellants have died?
Does the death of parties automatically abate the appeal under procedural law?

Legislation cited

Bonded Labour System (Abolition) Act, 1976 — s. 16

Subjects

criminal appeal
bonded labour
SC/ST atrocities
abatement
death of parties

Judgment

                                                                   3-apeal-648-2000.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO. 648 OF 2000

1.   Haribhau T. Patil
2.   Parshuram T. Patil
3.   Rambhau T. Patil                                      …Appellants
     V/s.
The State of Maharashtra                                   ...Respondent.

                                  …………..
None for the the Appellants.
Mrs. Rutuja Ambekar, APP for the Respondent/State.
                             …………..

                              CORAM         :       N.R. BORKAR, J.
                              DATE          :       11.09.2026.

P.C. :

1.       This appeal is filed against the judgment and order dated
28.8.2000 passed       by   the   learned       Joint   District   Judge        and
Additional Sessions Judge, Thane in Sessions Case No.426 of 1997.


2.       In the aforesaid sessions case, the appellants were tried for
the offences punishable under Sections 3(1)(vi) of the S.C. & S.T.
(Prevention of Atrocities) Act, 1989 and Section 16 of the Bonded
Labour System (Abolition) Act, 1976.


3.       By the impugned judgment and order, the trial Court has
convicted the appellants for the offence punishable under Section
16 of the Bonded Labour System ( Abolition) Act, 1976 and
sentenced them to suffer R.I. for two years. The trial Court has,
however, acquitted them for the offence punishable under Section


Dinesh S. Sherla                      1/2
                                                           3-apeal-648-2000.odt


3(1)(vi) of the S.C. & S.T. ( Prevention of Atrocities) Act, 1989.


4.       On 2.9.2026, this Court passed the following order:
         “.    Learned counsel for the appellants submits that
         during pendency of the appeal all the appellants have
         expired. Learned APP for the respondent/State seeks
         time to verify the said fact. At her request, list on
         11.9.2026.”

5.       Learned APP submits that the same could not be verified due
to incomplete address.


6.       Accepting the statement made by the learned counsel for
the appellant on 2.9.2026 that all the appellants have expired, the
Appeal is dismissed as abated.



                                               [N.R.BORKAR, J.]




Dinesh S. Sherla                      2/2

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