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Allahabad High Court

WAHID ALI AND OTHERSversusSTATE OF U.P.

Decided

Holding

The appeal is dismissed as abated because the remaining appellant, Ram Kumar, died.

Summary

The High Court of Allahabad considered Criminal Appeal No. 931 of 1984 filed by five appellants against the State of U.P. Earlier, the appeal had been partially abated for four appellants due to various orders. No counsel appeared for the fifth appellant, Ram Kumar. The State filed a compliance indicating that Ram Kumar had also died. Consequently, the Court held that the appeal stands dismissed as abated due to the death of the remaining appellant. The Court further ordered the cancellation of the sureties and bail bonds of Ram Kumar and discharged the sureties from liability, directing the trial court records to be returned within fifteen days.

Subjects

  • abated appeal
  • death of appellant
  • surety cancellation
  • bail bond
  • procedural order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          CRIMINAL APPEAL No. - 931 of 1984

                                    Wahid Ali And Others
                                                                                                 .....Appellant(s)
                                                                       Versus

                                    State of U.P.
                                                                                               .....Respondent(s)

                                    Counsel for Appellant(s)                          :    Keshav Sahai
                                    Counsel for Respondent(s)                         :    A.G.A.

                                    Court No. - 93
                                                            HON'BLE SANTOSH RAI, J.

                                    1. Case called out.

                                    2. This appeal has already been abated with respect to appellant no.1,
                                    Wahid Ali, appellant no.2, Ajit and appellant no.3, Abdul Rashid vide
                                    order dated 06.07.2017 and with respect to appellant no.4, Om Prakash
                                    vide order dated 18.08.2017.

                                    3. None appeared on behalf of appellant no.5, Ram Kumar.

                                    4. Now, as per the compliance filed today in court on behalf of the State,
                                    which is taken on record, appellant no.5, Ram Kumar has also died.

                                    5. Accordingly, the instant appeal stands dismissed as abated.

                                    6. The sureties and bail bonds of appellant no.5 are hereby cancelled.
                                    Therefore, sureties are discharged from their liability.

                                    7. Office is directed to send back the record of the trial court, if received,
                                    within 15 days from today.



                                                                                                (Santosh Rai,J.)
                                    September 8, 2026
                                    Ankit.




Digitally signed by :-
ANKIT VISHWAKARMA
High Court of Judicature at Allahabad


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