Bombay High Court

BALAJI NAROJI KHARAT @ BALAversusSTATE OF MAHARASHTRA AND ANR.

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The appeal is abated as the appellant has died.

Summary

The Bombay High Court heard several criminal appeals filed by different appellants against the State of Maharashtra. During the hearing, it was noted that appellant Balaji Naroji Kharat @ Bala had passed away. Consequently, the Court held that Appeal No. 763 of 2024 could not proceed and was disposed of as abated. The remaining appeals were adjourned for further hearing on 9 September 2026. No substantive merits of the other appeals were addressed in this order.

Issues considered

Whether an appeal is extinguished when the appellant dies before the final disposal?

Subjects

appeal abatement
death of appellant
criminal appellate jurisdiction
Bombay High Court

Judgment

                                                                   201.APEAL-1390.19.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed
PRACHI
PRANESH
             by PRACHI
             PRANESH
             NANDIWADEKAR
                                     CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
             Date: 2026.09.03
             19:40:43 +0530
                                         APPEAL NO. 1390 OF 2019
                                                  WITH
                                   INTERIM APPLICATION NO. 3365 OF 2025

                    Rajesh Lalchand Mourya                    … Appellant/Applicant
                    V/s.
                    State of Maharashtra & Anr.                      …. Respondents
                                                  WITH
                                          APPEAL NO. 763 OF 2024

                    Balaji Naroji Kharat @ Bala                      … Appellant
                    V/s.
                    State of Maharashtra & Anr.                      …. Respondents
                                                  WITH
                                         APPEAL NO. 701 OF 2019
                                                  WITH
                                   INTERIM APPLICATION NO. 1323 OF 2025

                    Vijaybahadur Kamlaprasad Gupta @ Tufani          … Appellant
                    V/s.
                    State of Maharashtra & Ors.                      …. Respondents
                                                  WITH
                                          APPEAL NO. 116 OF 2022

                    Kamlesh Chhotelal Gupta @ Pintu                  … Appellant
                    V/s.
                    State of Maharashtra & Anr.                      …. Respondents
                                        ______________________
                    Mr. Sandeep Mishra h/f Mr. Swatesh Tripathi, for the Appellant
                    in Appeal No.701 of 2019.




                                                  Page 1
                    PPN
                                                  201.APEAL-1390.19.DOC




Mr. Abdul R. Bukhari for the Appellant in Appeal No.1390 of 2019.
Ms. S. M.Yadav, APP for the Respondent-State.
Ms. Vaishnavi M. Gujarathi a/w Ms. Shruti More for the
Respondent No.2.
                             ______________________

                             CORAM : MADHAV J. JAMDAR, J.
                             DATED : 2 SEPTEMBER 2026
P. C. :-

1.         As the Appellant-Balaji Naroji Kharat @ Bala has passed

away and, therefore, Appeal No.763 of 2024 is disposed of as

abated.



2.         Other Appeals to be placed on 9th September 2026.



                                            [MADHAV J. JAMDAR, J.]




                                  Page 2
PPN

Continue reading with your account

Checking your session…