Bombay High Court
SANJAY HARISHCHANDRA BANSALversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed as abated due to the death of the appellant.
Summary
The appellant, Sanjay H. Bansal, was convicted by the Additional Sessions Judge, Pune, for an offence under Section 498-A of the IPC and sentenced to one year of rigorous imprisonment. He filed a criminal appeal (No. 981 of 2001) challenging the conviction. During the pendency of the appeal, the appellant died on 28 April 2025, and a death certificate was produced before the court. The High Court considered whether the appeal could continue after the death of the appellant. Finding that the death of the appellant extinguishes the right to appeal, the court dismissed the appeal as abated. Consequently, the conviction and sentence stand, but the appeal itself is terminated.
Issues considered
- Whether a criminal appeal can be entertained after the death of the appellant
Legislation cited
- Indian Penal Code, 1860 — s. 304(B), 306, 34, 498-A
Subjects
- criminal appeal
- Section 498-A IPC
- death of appellant
- abatement
- rigorous imprisonment
Judgment
Digitally
signed by
DINESH
DINESH
SADANAND 12apeal-981-2001.odt
SADANAND SHERLA
SHERLA Date:
2026.09.10
18:26:08
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 981 OF 2001
Sanjay H. Bansal …Appellant
V/s.
The State of Maharashtra ...Respondent.
…………..
Ms Mrunmayi Khambete i/by. Mr. Vilas B. Tapkir for the Appellant.
Mrs. Rutuja Ambekar, APP for the Respondent/State.
…………..
CORAM : N.R. BORKAR, J.
DATE : 10.09.2026.
P.C. :
1. Mentioned out of turn.
2. This appeal is filed against the judgment and order dated
27.11.2001 passed by the learned Additional Sessions Judge, Pune
in Sessions Case No.330 of 1998.
2. In the aforesaid sessions case, the appellant and other co-
accused were tried for the offences punishable under Sections
498-A, 306, 304(B) read with 34 of the Indian Penal Code (for short
IPC).
3. By the impugned judgment and order, the learned Additional
Sessions Judge has convicted the present appellant for the offence
punishable under Section 498-A of the IPC and sentenced him to
suffer R.I. for one year.
Dinesh S. Sherla 1/2
12apeal-981-2001.odt
4. Learned counsel for the appellant submits that during
pendency of the present appeal the appellant has expired on
28.4.2025. In support of said statement, learned counsel for the
appellant has tendered the death certificate of the appellant.
Same is taken on record and marked as “X” for the purpose of
identification.
5. In that view of the matter, the Appeal is dismissed as
abated.
[N.R.BORKAR, J.]
Dinesh S. Sherla 2/2
Checking your session…