High Court of Gujarat

SADDAMHUSEN @ IRFAN ABDUL AZIZ RAYNIversusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal and the connected application stand abated upon the death of the appellant.

Summary

The appellant, Saddamhusen @ Irfan Abdul Aziz Rayni, was convicted in a criminal case and filed a criminal appeal (No. 2851 of 2025) along with a miscellaneous application for suspension of sentence. The appeal was being heard before a two‑judge bench of the Gujarat High Court. During the pendency of the proceedings, the sole accused died on 14‑December‑2025. The court examined the office note confirming the death of the appellant. In view of the appellant's demise, the court held that the appeal and the connected application could not continue. Consequently, the appeal was declared abated and the office note was disposed of. No substantive merits of the conviction were addressed due to the abatement.

Issues considered

What is the effect of the death of an appellant on pending criminal appeal and related applications?

Subjects

appeal abatementdeath of accusedcriminal procedurehigh courtsuspension of sentenceabated proceedings

Judgment

        R/CR.A/2851/2025                                                                     ORDER DATED: 08/01/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 2851 of 2025
                              With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                            1 of 2025
             In R/CRIMINAL APPEAL NO. 2851 of 2025
==========================================================
                         SADDAMHUSEN @ IRFAN ABDUL AZIZ RAYNI
                                        Versus
                               STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS CHINTANIKA P LUKHI(10189) for the Appellant(s) No. 1
SHREY H DAVE(8444) for the Appellant(s) No. 1
MR RONAK B RAVAL, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
==========================================================

   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
         and
         HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                    Date : 08/01/2026

                                   ORAL ORDER
                    (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


           We have perused the office note. On perusal of the office note, it
emerges that the sole accused in the present case viz. Saddamhusen @
Irfan Abdul Aziz Rayni, has passed away on 14.12.2025.
           Under the circumstances, the appeal alongwith the connected
application stands abated. Office note is disposed of.



                                                                                                     (ILESH J. VORA,J)



                                                                                                  (R. T. VACHHANI, J)
MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 08/01/2026 16:29:27



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