This court held that since two appellants in a criminal appeal had died, the appeal against them abated and was dismissed. Consequently, their bail bonds were cancelled and sureties discharged.
Bail bonds of deceased appellants cancelled and sureties discharged; low court record returned.
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Court No. - 88
Case :- CRIMINAL APPEAL No. - 2612 of 1988
Appellant :- Premi And Ors. Respondent :- State of U.P. Counsel for Appellant :- Raj Singh Counsel for Respondent :- A.G.A.
Hon'ble Mohd. Aslam,J.
Learned counsel for appellants and learned A.G.A. for the State are present.
Perused the report of Chief Judicial Magistrate, Mathura dated 17.8.2021, which states that appellant no.1 Premi and appellant no.2 Layak Ram have died. In this regard, he has conducted inquiry and recorded statements of Serving Officer S.I. Manindra Kumar, Nepal Singh, Laxman Singh, Sunil, Rampal Singh and has also annexed the death certificates.
In view of above, it is proved that appellant no.1 Premi and appellant no.2 Layak Ram have died. Accordingly, the appeal against them is dismissed as abated.
Since they were on bail, their bail bonds are cancelled and sureties are discharged.
Lower court record be returned back to the concerned court below immediately.
Order Date :- 8.9.2022 Anil K. Sharma
Digitally signed by ANIL KUMAR SHARMA Date: 2022.09.14 13:36:42 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal appeal against deceased appellants can proceed.
Whether the bail bonds and sureties need to be discharged upon death of appellants.
Premi And Ors.
State of U.P.
Mohd. Aslam
Anil K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
