Bombay High Court

THE STATE OF MAHARASHTRAversusSHAMDEV GHANESHWAR MAHATO AND ANR

Disposal: Disposed Off

Holding

The appeal is abated and disposed of due to the death of the sole accused, and the interim application is likewise disposed.

Summary

The State of Maharashtra filed an application for leave to appeal against the judgment involving Shamdev Ghaneshwar Mahato and another respondent. The sole accused in the case died before the appeal could be heard. The court noted that the death of the sole accused results in the abatement of the appeal under criminal procedure law. Consequently, the appeal was disposed of as abated. The interim application filed alongside the appeal was also deemed to have no further existence and was disposed of. The judges signed the order digitally on September 29, 2026.

Issues considered

What is the effect of the death of the sole accused on a pending appeal?
What is the status of an interim application when the main appeal is abated?

Subjects

appeal
abatement
death of accused
criminal procedure
interim application

Judgment

                                                                                      21-ALS(ST)-173-2025.doc



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIRCUIT BENCH AT KOLHAPUR
                                             CRIMINAL APPELLATE JURISDICTION

                         APPLICATION FOR LEAVE TO APPEAL(STATE) (ST) NO. 173 OF 2025
                                                   WITH
                                    INTERIM APPLICATION NO. 256 OF 2025

                        The State of Maharashtra                               ...Appellant
                                  Versus
                        Shamdev Ghaneshwar Mahato And Another                  ...Respondents

                                                         ——————
                        Mr. Pankaj P. Deokar, APP, for the Appellant-State.
                        None present for the Respondents.
                                                         ——————
                                                            Coram :    Sharmila U. Deshmukh &
                                                                       Neeraj P. Dhote, JJ.
                                                            Date     : September 28, 2026.
                        P. C. :

                        1.        The sole accused has expired.

                        2.        The appeal is, therefore, disposed of as abated.

                        3.        Interim Application does not survive and stands disposed of.



                         [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.29
           14:34:10
           +0530




                        Gaikwad RD                          1 of 1

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