High Court of Gujarat

ASHWINABEN CHINUBHAI SHAHversusPROPRIETOR PRAMODBHAI JESINGHBHAI SHAH

Disposal: 98-DISPOSED AS ABATED
Bench: HEMANT M PRACHCHHAK

Holding

The appeal was abated and disposed of due to the death of the co‑accused.

Summary

Ashwinaben Chinubhai Shah appealed against an acquittal in a criminal case involving Proprietor Pramodbhai Jesinghbha... and others. During the pendency of the appeal, the second accused, proprietor of Dhanlaxmi Trading Company, died on 21 March 2026, and a death certificate dated 24 March 2026 was produced. The appellant’s counsel submitted the death certificate to the court. The High Court considered whether the death of a co‑accused warranted continuation of the appeal. Finding that the death rendered the appeal abatable, the court ordered the appeal to be abated and consequently disposed of.

Issues considered

Can a criminal appeal against acquittal proceed when a co‑accused dies during the pendency of the appeal?

Subjects

criminal appealabated appealdeath of accusedprocedural lawacquittal

Judgment

        R/CR.A/1045/2026                                                   ORDER DATED: 15/06/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1045 of 2026

 ==========================================================
                     ASHWINABEN CHINUBHAI SHAH
                              Versus
            PROPRIETOR PRAMODBHAI JESINGHBHAI SHAH & ORS.
 ==========================================================
 Appearance:
 RUSHABH H SHAH(7594) for the Appellant(s) No. 1
 MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
 Respondent(s) No. 3
 ==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M.
         PRACHCHHAK

                                          Date : 15/06/2026

                                            ORAL ORDER


          Ms. Kaiona Chhatrapti, learned counsel appearing on behalf
 of Mr. Rushabh Shah, learned counsel for the appellant has
 submitted that the respondent no.2 - accused being proprietor of
 Dhanlaxmi Trading Company, passed away on 21.03.2026. The
 copy of death certificate issued by the competent authority on
 24.03.2026 is produced, which is taken on record.


          In view of the above, the appeal is abated and accordingly,
 the appeal is disposed of.

                                                               (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 16/06/2026 17:27:01




                                                 Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "criminal appeal"Sign in to search