Shamim v. State
Case brief
What is this about?
The High Court in Criminal Appeal No. 485 of 1991 dismissed the appeal as abated because the sole appellant, Shamim, died before the decision. The court ordered the cancellation of the bail bond and discharge of sureties.
What did the court decide?
Criminal Appeal dismissed as abated; bail bond cancelled; sureties discharged.
What the court decided
Court No. - 88
Case :- CRIMINAL APPEAL No. - 485 of 1991
Appellant :- Shamim Respondent :- State Counsel for Appellant :- Haider Zaidi,Sanjeev Kumar Singh Counsel for Respondent :- A.G.A.
Hon'ble Mohd. Aslam,J.
None is present for the appellant. Learned AGA is present for the the State.
From perusal of the office report dated 8.9.2022, it appears that the sole appellant has died.
I have gone through the letter of the CMM, Kanpur Nagar, dated 23.3.2021. The CMM, Kanpur Nagar, in his letter clearly states that the sole appellant Shamim has died on 6.8.2020 and in this regard the statements of Serving Officer- SI Ramanand, Faizam S/o Mohd. Shamim, Monious S/o Mohd. Shamim and has also annexed the death certificate issued by Noor Alam (Parsahd of Ward No.56, Anwarganj, Kanpur).
In view of the above, the present criminal appeal is dismissed as having been abated.
The appellant was on bail. His bail bond is cancelled and the sureties are discharged.
Let a copy of this order along with lower court record be transmitted to the concerned court below for necessary information and compliance.
Issues for consideration
1 issue framed by the court
Whether a criminal appeal must be dismissed upon the death of the sole appellant.
Parties & counsel
- appellant
Shamim
- respondent
State
Coram
Mohd. Aslam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- CRLA/485/1991
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