Bombay High Court
BIPIN CHANDRA BISTversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed for non-prosecution due to the appellant's failure to appear.
Summary
The appellant, Bipin Chandra Bist, filed an appeal before the Bombay High Court challenging a criminal matter. The appellant failed to appear for the hearing despite the appeal being circulated. The court noted the non-appearance and considered whether procedural rules permit dismissal for non-prosecution. Relying on established procedural principles, the court held that an appellant’s failure to appear warrants dismissal of the appeal. Consequently, the appeal was dismissed for non-prosecution.
Issues considered
- What is the appropriate consequence when an appellant fails to appear for a scheduled hearing in a criminal appeal?
Subjects
- criminal appeal
- non-appearance
- procedural dismissal
- high court
- appeal dismissed
Judgment
TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI
SADANAND
TSB 51-apeal-660-2026.doc
BAMNE
Date: 2026.10.06
12:18:38 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL NO. 660 OF 2026
Bipin Chandra Bist … Appellant
V/s.
State of Maharashtra … Respondent
None for the Appellant.
Mrs. Madhavi H. Mhatre, APP, for the Respondent -State.
Mr. Prem Waghmare, IO and Mr. A.S.Mane, PSI, Kurla Police Station,
present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 1st October, 2026
P.C.:-
1) Despite circulating the Appeal, none appears for the Appellant
when called out for hearing.
2) Dismissed for non-prosecution.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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