High Court of Gujarat

BHILALBHAI KUBERBHAI MAHERIYAversusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: HEMANT M PRACHCHHAK

Holding

The appeal stands disposed because the appellant died, rendering further proceedings impossible.

Summary

The appellant, Bhilalbhai Kuberbhai Maheriya, filed a criminal appeal against his acquittal. During the pendency of the appeal, the appellant's counsel, Mr. R.M. Parmar, died and subsequently the appellant himself passed away on 29 July 2018. The appellant’s death was proved by a death certificate and a police report. The High Court held that the appeal could not proceed further as the appellant was deceased. Consequently, the appeal was disposed, the bail bond previously granted to the appellant was cancelled, and the trial court record was ordered to be sent back for closure.

Issues considered

Can a criminal appeal continue after the death of the appellant?
What is the effect of the appellant's death on the pending appeal and the bail bond?

Subjects

criminal appealdeath of appellantprocedurebail bond cancellationdisposal of appeal

Judgment

              R/CR.A/104/2017                                                   ORDER DATED: 25/06/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 104 of 2017

       ==========================================================
                                  BHILALBHAI KUBERBHAI MAHERIYA
                                               Versus
                                     STATE OF GUJARAT & ORS.
       ==========================================================
       Appearance:
       UNSERVED EXPIRED (N) for the Appellant(s) No. 1
       MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
       Opponent(s)/Respondent(s) No.1
       MR AFTABHUSEN ANSARI(5320) for the Opponent(s)/Respondent(s) No.
       2,3,4
       RULE SERVED for the Opponent(s)/Respondent(s) No. 2,3,4
       ==========================================================

          CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                PRACHCHHAK

                                                Date : 25/06/2026

                                                  ORAL ORDER


                The present appeal was preferred by the appellant-original
       complainant. It appears that during the pendency of the appeal,
       Mr. R.M. Parmar, learned counsel for the appellant passed away
       and thereafter, this Court issued a notice to the appellant which
       was returned back with an endorsement that the sole appellant
       has passed away on 29.07.2018. A copy of the death certificate
       dated 01.08.2018 issued by the competent authority along with
       the police report is produced on record.


                In view of the above, the present appeal stands disposed
       of. Bail bond stands cancelled. Record and proceedings to be
       sent back to the concerned Trial Court forthwith.



                                                                     (HEMANT M. PRACHCHHAK,J)
       ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/06/2026 18:33:23

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