Bombay High Court
SACHIN GANPAT CHIMTEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Abated
Holding
The appeal stands abated upon the death of the appellant.
Summary
The appellant, Sachin Ganpat Chimte, filed a criminal appeal against the State of Maharashtra. During the pendency of the appeal, the appellant died on 19 April 2025, as confirmed by a report from the Superintendent of Police, Nashik Road Central Prison. The Court considered the effect of the appellant's death on the pending appeal. It held that the death of the appellant results in the abatement of the appeal, as the appellant can no longer pursue the relief sought. Consequently, the appeal was dismissed as abated. The Court also directed that prison superintendents promptly inform courts of any prisoner’s death during appeal proceedings and ordered the Legal Services Authority to pay the fees of the appointed advocates for their efforts.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal?
Subjects
- appeal abatement
- death of appellant
- criminal appeal
- procedural law
- court jurisdiction
Judgment
Gokhale 1 of 2 901-apeal-956-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 956 OF 2022
Sachin Ganpat Chimte ..Appellant
Versus
The State of Maharashtra & Anr. ..Respondents
__________
Mr. Pramod Kathane (Appointed Advocate) a/w. Narayan Rokade,
Krishna Dhere and Amol Ghurde for Appellant.
Ms. Gauri S. Rao, APP for State/Respondent.
Mr. Pradeep Kumar L. Pardeshi (Appointed Advocate) a/w. Ms.
Anushka Martis for the Respondent No.2.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 22 SEPTEMBER 2026
PC :
1. Learned APP has tendered a copy of the report of the
Superintendent of Police, Nashik Road Central Prison, mentioning
that the Appellant has passed away on 19.04.2025 in Nashik Civil
Hospital, Nashik.
2. Considering this report, since the Appellant has passed
away, the Appeal stands abated.
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2026.09.23
10:44:01
+0530
2 of 2 901-apeal-956-22
3. In this Appeal, the matter was argued at length
yesterday and subsequently, today we are informed that the
Appellant has passed away. The Jail Superintendents in
Maharashtra are directed to send the report to the concerned
Courts immediately, if any prisoner dies during the pendency of his
Appeal.
4. The Legal Services Authority of this Court shall pay the
fees of the appointed Advocates for the efforts they have taken.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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