Allahabad High Court
SHANKER AND OTHERSversusSTATE OF U.P.
- Decided
- Bench
- SANTOSH RAI
Holding
The appeal was dismissed as abated because the remaining appellants had died.
Summary
An appeal was filed by Shanker and others against the State of U.P. The appeal of appellant No.2 had already been abated. No counsel appeared for appellants No.1 and No.3. A report from the Chief Judicial Magistrate, Mirzapur dated 05‑09‑2026 confirmed that appellants No.1 (Shanker) and No.3 (Behari) had died. Consequently, the Court dismissed the appeal as abated, cancelled the bail bonds of the deceased appellants, and discharged their sureties from liability. The Court also directed the trial court record to be returned within fifteen days.
Issues considered
- Can an appeal be continued when the appellant has died?
Subjects
- appeal
- abatement
- death of appellant
- bail bond cancellation
- surety discharge
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 96 of 1984
Shanker And Others
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Mahendra Pratap, Muktesh Kumar
Singh, Ramkripal Yadav, Vinod Kr
Pandey
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.2,
Chhotey @ Dadul vide order dated 05.08.2026.
3. None appeared on behalf of the appellants no.1 and 3.
4. Now, as per the report of CJM, Mirzapur dated 05.09.2026, appellant
no.1, Shanker and appellant no.3, Behari have also died.
5. Accordingly, the instant appeal stands dismissed as abated.
6. The sureties and bail bonds of appellants no.1 and 3 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
Checking your session…