Allahabad High Court
K.P. SINGH AND OTHERSversusSTATE
- Decided
Holding
The appeal was disposed of because the appellants had deposited the fine, rendering further proceedings unnecessary, and the appeal was abated with respect to the deceased appellant.
Summary
The appellants, Krishna Pal and Ram Pal, appealed against an order under Section 446 of the Criminal Procedure Code that forfeited their surety bonds and imposed a penalty of Rs.4,000 each. During the pendency of the appeal, a report indicated that Ram Pal had died, leading to the abatement of the appeal as to him. The court later received a report that both appellants had deposited the imposed fine. Counsel for the appellants argued that, having paid the fine, there was no need to pursue the merits of the case. The court agreed that continuing the proceedings would serve no useful purpose. Consequently, the appeal was disposed of without addressing the substantive issues.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal?
- Whether an appeal can be dismissed when the appellant has complied with the fine imposed under Section 446 Cr.P.C.
- Whether the forfeiture order under Section 446 Cr.P.C. can be set aside after payment of the penalty.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 446
Subjects
- Criminal appeal
- Surety bond forfeiture
- Section 446 CrPC
- Abatement
- Fine deposition
- Procedural disposal
Judgment
Reserved on 9.12.2026
Delivered on 19.3.2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2786 of 1988
K.P. Singh And Others
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : R.B. Sahai, Santosh Kumar Yadav
Counsel for Respondent(s) : A.G.A.
Court No. - 51
HON'BLE ANIL KUMAR-X, J.
1. This criminal appeal was filed on behalf of the appellants - Krishna Pal
and Ram Pal with a prayer to allow the appeal and set aside the order dated
10.10.1988 passed by Vth Additional Sessions Judge, Fatehpur in Sessions
Trial No. 105 of 1985 (State vs. Dinesh Singh) under Section 446 Cr.P.C.
whereby the surety bonds were forfeited and penalty for realisation of
forfeited bonds of Rs.4000/- each was imposed on the appellants.
2. It appears that during the pendency of this appeal, a report dated
30.03.2022 was submitted by the Chief Judicial Magistrate, Fatehpur
informing that appellant no.2-Ram Pal has already died. Hence, this appeal
filed on behalf of appellant no.2-Ram Pal is declared abated.
3. From the order-sheet, it transpires that a report from the concerned court
was called by the order dated 18.11.25 as to whether amount of surety bonds
has been deposited by the appellants or not. In this regard, a report was
submitted by the concerned court in which it was submitted that both
appellants have deposited the amount of Rs.4000/- which was imposed upon
them by the concerned trial court vide its order dated 10.10.1988.
4. Shri R.B. Sahai, learned counsel for the appellants submitted that as the
appellants have already deposited the amount of fine imposed upon them, he
does not want to press upon merits of this case.
5. As the amount of fine has already deposited by the appellants in
pursuance of the impugned order dated 10.10.1988, no useful purpose would
CRLA No. 2786 of 1988
2
be served in continuing the proceedings.
6. Accordingly, this criminal appeal is disposed of.
March 19, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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