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Bombay High Court

ANJALI VISHAL WAGHversusVISHAL RANGNATH WAGH AND ANOTHER

Disposal
DISPOSED OFF

Holding

The appeal stands abated due to the death of the accused.

Summary

Anjali Vishal Wagh filed a criminal application and appeal against Vishal Rangnath Wagh and the State. During proceedings, a police communication confirmed that Vishal Rangnath Wagh had died on 16 June 2025, a fact not contested by either party. The court held that the death of the accused extinguishes the criminal liability and consequently the appeal cannot continue, leading to its abatement. The trial court's order for compensation was directed to be paid to the informant, Anjali Vishal Wagh. Any pending applications were ordered to be disposed of.

Issues considered

  • Does the death of an accused person abate ongoing criminal appeals?
  • What is the effect of the accused's death on the entitlement to compensation awarded by the trial court?

Subjects

  • criminal appeal
  • abated appeal
  • death of accused
  • compensation
  • criminal procedure

Judgment

2026:BHC-AUG:9866
                                                                           1-APPLN-818-26.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 818 OF 2026
                                         IN/WITH
                             CRIMINAL APPEAL NO. 565 OF 2024

          Anjali Vishal Wagh                                     ..APPLICANT
                VERSUS
          Vishal Rangnath Wagh and Another                       ..RESPONDENTS

                                               ....
          Mr. H.S. Bali, Advocate for applicant
          Mr. N.N. Bhagwat, Advocate h/f Mr. Prashant Borade, Advocate for
          respondent no.1
          Mr. V.K. Kotecha, A.P.P. for respondent no.2 - State
                                                ....

                                                      CORAM : RAJNISH R. VYAS, J.
                                                      DATE : 09th MARCH, 2026

          PER COURT :

          .          Learned A.P.P. has tendered a copy of communication dated 07 th

          March, 2026, addressed by the Police Inspector, Sadar Bazar Police Station,

          Jalna, bearing Outward No.978/26, across the bar. Same is taken on record

          and marked ‘X’ for identification. Said communication shows that accused /

          Vishal Rangnath Wagh has died on 16th June, 2025.



          2.         Learned counsel for the applicant/appellant also do not dispute the

          said fact. The said fact is also supported by learned counsel for Respondent

          No.2 – victim of the crime.



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                                                                1-APPLN-818-26.odt



3.         In that view of the matter, appeal stands abated.                The

compensation amount granted by the trial Court be disbursed in favour of

informant – Anjali Vishal Wagh. Pending applications, if any, stands disposed

of accordingly.




                                                 ( RAJNISH R. VYAS, J. )
SSD




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