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Bombay High Court

JANU @ MUJJASIN BASHIR BHABA .versusTHE STATE OF MAHARASHTRA .

Decided
Disposal
Dismissed

Holding

The appeal is dismissed as abated because the appellant died while the appeal was pending.

Summary

The appellant, Janu@ Mujjasin Bashir Bhaba, was convicted by the Additional Sessions Judge, Thane, for offences under Sections 147, 353 and 342 read with 149 of the Indian Penal Code, and was sentenced to rigorous imprisonment of one year, one year and nine months respectively. The appellant filed Criminal Appeal No. 813 of 2001 challenging the conviction and sentence. While the appeal was pending, a police report dated 26‑08‑2026 disclosed that the appellant had died on 23‑03‑2013. The High Court examined whether the death of the appellant extinguishes the right to appeal. Relying on the principle that a criminal appeal abates upon the death of the appellant, the Court dismissed the appeal as abated. The order effectively upheld the original conviction and sentence, but no further relief could be granted due to the appellant’s demise.

Issues considered

  • Does the death of an appellant during pendency of a criminal appeal abate the appeal?
  • Can a criminal appeal proceed posthumously against the conviction of the deceased?

Legislation cited

Subjects

  • criminal appeal
  • Indian Penal Code
  • abated appeal
  • death of appellant
  • rioting
  • assault
  • wrongful confinement
  • rigorous imprisonment

Judgment

         Digitally
         signed by
         DINESH
DINESH   SADANAND
SADANAND SHERLA
SHERLA   Date:
         2026.09.29
                                                                               11-apeal-813-2001.odt
         15:13:17
         +0530




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                       CRIMINAL APPEAL NO.813 OF 2001

                      Janu@ Mujjasin Bashir Bhaba                    …Appellant
                           V/s.
                      The State of Maharashtra                       ...Respondent.

                                                    …………..
                      Mr. Ateet Shirodkar i/by Mr. Ganesh Gole for the Appellant.
                      Mr. Yogesh Dabake, APP for the Respondent/State.
                                                    …………..

                                                   CORAM         :   N.R. BORKAR, J.
                                                   DATE          :   29.09.2026.

                      P.C. :

                      1.       This appeal takes exception to the judgment and order dated
                      29.08.2001 passed by the Joint District Judge and Additional
                      Sessions Judge, Thane Mumbai in Sessions Case No. 327 of 2000.


                      2.       By the impugned judgment and order, the learned Additional
                      Sessions Judge has convicted the present appellant for the
                      offences punishable under Sections 147, 353 and 342 read with
                      149 of the IPC and sentenced him to suffer R.I. for 1 year, 1 year
                      and 9 months respectively.


                      3.       The report submitted by the concerned police station dated
                      26.08.2026 shows that, during the pendency of the present
                      appeal, the appellant has expired on 23.03.2013. In that view of
                      the matter, the Appeal is dismissed as abated.

                                                                     [N.R.BORKAR, J.]

                      Dinesh S. Sherla                     1/1


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