Bombay High Court
STATE OF MAHAversusSURSING BANKA BHIL
- Disposal
- ABATED
Holding
The criminal appeals abated upon the death of the appellant.
Summary
The appellant, Sursing Banka Bhil, filed two criminal appeals (Nos. 514 of 2003 and 690 of 2003) before the Bombay High Court, Aurangabad Bench. During the pendency of the appeals, the appellant died, and a death certificate marked ‘X’ for identification was produced. The learned counsel for the appellant informed the Court of the death. The Court examined the effect of the appellant’s death on the pending criminal appeals. It held that the death of the appellant results in the abatement of the appeals. Consequently, both appeals were disposed of as abated.
Issues considered
- What is the effect of the death of an appellant on pending criminal appeals under Indian law?
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- High Court
Judgment
2026:BHC-AUG:38626
*1* 957apeal534a690o03
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 514 OF 2003
SURSING BANKA BHIL
VERSUS
STATE OF MAHARASHTRA AND ANR
...
Shri Patil Paresh B., Advocate for the Appellant.
Mrs. B.B. Gunjal, APP for the Respondents/ State.
...
WITH
CRIMINAL APPEAL NO. 690 OF 2003
STATE OF MAHARASHTRA
VERSUS
SURSING BANKA BHIL
...
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 25 August 2026
P. C. :-
1. Learned advocate for the appellant fairly states that
the appellant (Sursing Bhil) has passed away during pendency of
these appeals. He has produced on record the copy of death
certificate, which is marked as ‘X’ for identification.
2. Both Criminal Appeals are disposed of as being
abated.
kps ( SUSHIL M. GHODESWAR, J. )
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