Allahabad High Court
MANGAL KHANversusSTATE OF U.P.
- Decided
Holding
The appeal was deemed abated and dismissed due to the appellant's death.
Summary
The appellant, Mangal Khan, filed a criminal appeal (No. 2125 of 1987) before the Allahabad High Court challenging a conviction. During the pendency of the appeal, the Chief Judicial Magistrate of Shahjahanpur reported on 27 August 2026 that the appellant had died. The court considered whether the death of the appellant caused the appeal to abate. Relying on established principles that a criminal appeal cannot continue when the appellant is deceased, the court held that the appeal was extinguished. Consequently, the appeal was dismissed, the appellant's personal bonds were cancelled, and the sureties were discharged.
Issues considered
- The death of the appellant, Mangal Khan, and its effect on the continuance of the criminal appeal.
Subjects
- appeal abatement
- death of appellant
- criminal procedure
- surety discharge
- high court judgment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2125 of 1987
Mangal Khan
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Mohd. Ayub, R.K.Gupta Amicus
Counsel for Respondent(s) : A.G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
The office report dated 30.09.2026 states that the Chief Judicial
Magistrate, Shahjahanpur vide his letter dated 27.08.2026 has
reported that the sole appellant Mangal Khan has died.
In view of the aforesaid, the appeal is declared to have abated and is
dismissed as such.
His personal bonds are cancelled and sureties are discharged.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
October 1, 2026
Anurag/-
Digitally signed by :-
ANURAG KUMAR VERMA
High Court of Judicature at Allahabad
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