High Court of Gujarat

SOMNATHBHAI RAMJIBHAI VAJNABHAI GAMITversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: S V PINTO

Holding

An appeal is abated and must be disposed of when the sole appellant dies before the appeal is decided.

Summary

Somnathbhai Ramjibhai Vajnabhai Gamit, the sole appellant in a criminal appeal against his conviction, died on 14 February 2026 while incarcerated at Lajpor Central Jail, Surat. The appellant’s counsel, Mr. Yogendra Thakore, had filed the appeal, and the State was represented by Ms. C.M. Shah. The court examined the jail superintendent’s report and the jail remarks confirming the appellant’s death. Since the appellant had passed away before the appeal could be decided, the court considered the effect of his death on the pending appeal. Accordingly, the court held that the appeal stands abated and ordered its disposal.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant

Subjects

appeal abatementdeath of appellantcriminal appealhigh court procedureabated proceedings

Judgment

       R/CR.A/271/2025                                                   ORDER DATED: 12/03/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 271 of 2025
==========================================================
                   SOMNATHBHAI RAMJIBHAI VAJNABHAI GAMIT
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR. YOGENDRA THAKORE(3975) for the Appellant(s) No. 1
MS. C.M. SHAH, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
     CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                         Date : 12/03/2026

                                           ORAL ORDER


1.                Perused the office note and the report of the Jail

Superintendent, Lajpor Central Jail, Surat. As per the report,

the appellant Somnathbhai Ramjibhai Vajnabhai Gamit has

expired on 14.02.2026 at New Civil Hospital, Surat.


2.                Learned APP Ms. C.M. Shah has produced the jail

remarks which is taken on record which also shows that the

appellant has expired on 14.02.2026.


3.                In view of the above, as the sole appellant has

expired, the captioned Criminal Appeal stands abated and

disposed off accordingly.




                                                                                     (S. V. PINTO,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 12/03/2026 17:45:14

                                               Page 1 of 1

Search Indian case law

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

Try "appeal abatement"Sign in to search