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Allahabad High Court

PAPPU AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The appeal was dismissed as abated due to the death of the appellant.

Summary

The appeal filed by Pappu and another against the State of U.P. was pending before the Allahabad High Court. The first appellant, Pappu, had his appeal abated earlier. No counsel appeared for the second appellant, also named Pappu. A report from the Chief Judicial Magistrate, Etawah, dated 24.08.2026, confirmed that the second appellant had died. Consequently, the court dismissed the appeal as abated, cancelled the sureties and bail bonds of the deceased appellant, and ordered the discharge of the sureties. The trial court record, if received, was to be returned within 15 days.

Issues considered

  • What is the effect of the death of an appellant on a pending criminal appeal?

Subjects

  • appeal
  • abatement
  • death of appellant
  • surety discharge
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          CRIMINAL APPEAL No. - 998 of 1986

                                    Pappu And Another
                                                                                                 .....Appellant(s)
                                                                       Versus

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

                                    Counsel for Appellant(s)                           :    K.M. Mishra
                                    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,
                                    Pappu vide order dated 06.08.2026.

                                    3. None appeared on behalf of appellant no.2, Pappu.

                                    4. Now, as per the report of CJM, Etawah dated 24.08.2026, appellant
                                    no.2, Pappu has also died.

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

                                    6. The sureties and bail bonds of appellant no.2 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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