High Court of Gujarat

STATE OF GUJARATversusHAIDARKHAN VAHIDKHAN PATHAN

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

Holding

The appeal stands abated because the sole respondent has passed away.

Summary

The State of Gujarat appealed against the acquittal of Haidarkhan Vahidkhan Pathan. During the hearing, counsel for the respondent submitted a death certificate showing that the sole accused had died on 28 July 2016, along with a police report confirming the death. The court recorded these documents. Considering that the only respondent was deceased, the court held that the appeal could not proceed and therefore stood abated. No further merits of the appeal were examined.

Issues considered

What is the effect on a criminal appeal when the sole respondent has died before the appeal is decided?

Subjects

criminal appealabated appealdeath of accusedacquittalprocedural law

Judgment

         R/CR.A/1090/2013                                                         ORDER DATED: 17/08/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1090 of 2013

 ==================================================
                                       STATE OF GUJARAT
                                            Versus
                                 HAIDARKHAN VAHIDKHAN PATHAN
 ==================================================
 Appearance:
 MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
 MR BIPIN BHATT(1529) for the Opponent(s)/Respondent(s) No. 1
 ==================================================

      CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                            Date : 17/08/2026

                                                      ORDER


           Learned counsel Mr.Bipin Bhatt, appearing on behalf of the
 respondent – original accused, has submitted that the sole respondent
 – Haidarkhan Vahidkhan Pathan passed away on 28.07.2016. He has
 also produced copy of death certi=cate issued by the competent
 authority along with the report dated 14.07.2026 of Police Inspector,
 Panigate Police Station, Vadodara. The same are taken on record.


           In view of above, present appeal stands abated as the sole
 respondent has passed away.

                                                                    (HEMANT M. PRACHCHHAK,J)

 Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 17:21:30


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