Allahabad High Court
SURESHversusSTATE OF U.P.
- Decided
- Bench
- MANOJ BAJAJ
Holding
The appeal abated and was disposed of because the appellant had died.
Summary
The appellant Suresh, convicted under Sections 363 and 366 of the IPC and sentenced to seven years' imprisonment with fine, applied to the Allahabad High Court for suspension of his sentence pending appeal. The appeal was filed against the conviction dated 12-12-2006 by the Additional Sessions Judge, Fatehpur. An office report dated 2-1-2024, based on a communication from the Chief Judicial Magistrate, Fatehpur, informed the court that the appellant had died. In view of the appellant's death, the court held that the appeal could not continue. Consequently, the appeal was deemed to have abated and was disposed of.
Issues considered
- Whether an appeal for suspension of sentence can proceed when the appellant is deceased
Legislation cited
- Indian Penal Code — s. 363, 366
Subjects
- criminal law
- suspension of sentence
- appeal abatement
- death of appellant
- IPC 363
- IPC 366
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 7887 of 2006
Suresh
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Ram Lakhan Deobanshi
Counsel for Respondent(s) : Govt. Advocate
Court No. - 90
HON'BLE MANOJ BAJAJ, J.
Appellant, namely, Suresh has applied for suspension of sentence during
pendency of the appeal, arising against the judgment of conviction dated
12.12.2006 passed by Additional Sessions Judge/FTC-1, Fatehpur in S.T.
268 of 2005, who has been convicted under Sections 363, 366 IPC, and
further has been awarded substantive sentence of seven years along with
fine.
As per office report dated 2.1.2024 based on the communication dated
15.11.2023 by Chief Judicial Magisitrate, Fatehpur, sole appellant- Suresh
is stated to be no more.
Therefore, the appeal abates and is disposed of.
(Manoj Bajaj,J.)
March 12, 2026
Raj
Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad
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