Bombay High Court

SAPTASHRUNGI URBAN CO OP CREDIT SO LTD.versusTHE STATE OF MAH

Disposal: ABATED

Holding

The appeal is abated due to the death of the accused respondent.

Summary

The appellant Saptashrungi Urban Co‑Op Credit Society filed a criminal appeal against the State of Maharashtra and another respondent. The second respondent, who was the original accused, had died. Counsel for the deceased respondent submitted a death certificate that had already been placed on record in a related matter (Criminal Appeal No. 126 of 2005) where the appeal was abated. The Court considered whether the death of the accused warranted abatement of the present appeal. Relying on the precedent that a death of a party extinguishes the criminal liability and the pending appeal, the Court held that the appeal could not continue. Consequently, the appeal was disposed of as abated.

Issues considered

Does the death of an accused person automatically abate a pending criminal appeal?
What procedural effect does a death certificate have on the continuation of criminal proceedings?

Subjects

criminal appeal
abatement
death of accused
procedural law
high court

Judgment

2026:BHC-AUG:43883


                                                                  32-Cri-Apeal-862-2006.odt




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                              32 CRIMINAL APPEAL NO. 862 OF 2006
                           SAPTASHRUNGI URBAN CO OP CREDIT SO LTD.
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER
                                                  .…
                 Mr. G. V. Wani, Advocate for Appellant
                 Ms A. S. Mantri, APP for Respondent No.1 - State
                 Mr. Swapnil S. Patil, Advocate for Respondent No.2
                                                  .…

                                    CORAM : ABHAY S. WAGHWASE, J.

                                       DATE : 28 September, 2026
                 PER COURT :-

                 1.          It is submitted that respondent No. 2 / original
                 accused is no more. In another matter, i.e., Criminal Appeal
                 No.126 of 2005, owing to the death of the respondent, the appeal
                 is disposed off as abated. Learned counsel for Respondent No. 2
                 submits that the death certificate has been placed on record in the
                 said matter. Therefore, the same order may be applied to the
                 present matter.


                 2.          In view of above, appeal is disposed off as abated.



                                                     [ ABHAY S. WAGHWASE, J. ]
                 SMS




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