High Court of Gujarat

PARESH KANTIBHAI PATELversusSTATE OF GUJARAT

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

Holding

The appeal was abated and disposed because the original accused died during the pendency of the appeal.

Summary

The appellant, Parsh Kantibhai Patel, filed a criminal appeal against his acquittal before the Gujarat High Court. During the pendency of the appeal, the original accused, respondent No.2, died on 15 December 2025, and a death certificate was produced. The learned counsel for the deceased respondent informed the court of the death. The court recorded the death certificate and held that the appeal could not proceed against a deceased accused. Consequently, the appeal was disposed of as abated and the trial court record was ordered to be sent back. No substantive merits of the appeal were examined.

Issues considered

Whether a criminal appeal against an acquittal can continue when the original accused dies during the pendency of the appeal

Subjects

criminal appealabated appealdeath of accusedacquittalHigh Courtprocedure

Judgment

        R/CR.A/912/2022                                                              ORDER DATED: 12/06/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 912 of 2022

==========================================================
                                      PARESH KANTIBHAI PATEL
                                               Versus
                                      STATE OF GUJARAT & ANR.
==========================================================
Appearance:
JITENDRA M PUROHIT(8569) for the Appellant(s) No. 1
MR P S DATTA(11324) for the Opponent(s)/Respondent(s) No. 2
PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 12/06/2026

                                                  ORAL ORDER

          Mr.P.S.Datta, learned advocate for respondent No.2
submits that during pendency of the appeal, respondent
No.2 has passed away. He has also tendered a death
certificate               of        respondent                    No.2,             who           expired               on
15.12.2025.
          The same is taken on record. He is the original
accused.
          In view of above, the appeal is disposed of as abated.
The Record and proceedings, if any, be sent back to the
concerned trial Court, forthwith.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2026 18:16:40




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