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Bombay High Court

SHRI AVINASH KASHINATH KADAM .versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Abated

Holding

The criminal appeal is abated and dismissed due to the death of the appellant.

Summary

The appellant, Shri Avinash Kashinath Kadam, was convicted by the Additional Sessions Judge, Greater Mumbai, for an offence under Section 332 of the Indian Penal Code and sentenced to three months’ rigorous imprisonment. While the appeal was pending, the appellant died on 4 February 2021, as recorded in a police report dated 10 August 2026. The High Court considered whether the death of the appellant extinguishes the criminal appeal. Relying on the principle that criminal proceedings abate upon the death of the accused, the Court held that the appeal could not continue. Consequently, the appeal was dismissed as abated.

Issues considered

  • Does the death of an accused person during pendency of a criminal appeal abate the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abeyance
  • death of accused
  • Section 332 IPC
  • rigorous imprisonment

Judgment

                                                          1                11-APEAL 650-2000.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                            CRIMINAL APPEAL NO.650 OF 2000

                       Shri Avinash Kashinath Kadam                   … Appellant
                             Vs.
                       The State of Maharashtra & Anr.                … Respondents
                                                              -----
                       None for the Appellant.
                       Mr. V. N. Sagare, APP for the Respondent-State.
                       PSI Manish Hajare, Boriwali PS is present.
                                                           -----

          Digitally
                                                       CORAM :        N.R. BORKAR, J.
          signed by

MUGDHA
          MUGDHA
          MANOJ
                                                       DATE    :      21ST SEPTEMBER 2026
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.09.21   P.C. :
          15:12:06
          +0530

                       1.       This Appeal takes exception to the judgment and order dated 29 th
                       June 2000 passed by the Additional Sessions Judge, Greater Mumbai in
                       Sessions Case No.549 of 1987.

                       2.       By the impugned judgment and order, the Learned Additional
                       Sessions Judge has convicted the present Appellant for the offence
                       punishable under Section 332 of the Indian Penal Code and sentenced him
                       to suffer rigorous imprisonment for three months.

                       3.       The report submitted by the concerned police station dated 10 th
                       August 2026 shows that during pendency of the present Appeal, the
                       Appellant has expired on 04th February 2021.

                       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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