Case brief
What is this about?
Abatement of criminal appeal on death of appellant; Section 394(2) Cr.P.C.; no application by legal representatives/near relatives within thirty days for leave to continue appeal; CRA No. 1046 of 2016; Shyam Das v. State of Chhattisgarh; High Court of Chhattisgarh at Bilaspur; single judge Arvind Kumar Verma; order dated 21/01/2026; appeal dismissed as abated; death of appellant on 04.11.2024.
What did the court decide?
Under Section 394(2) Cr.P.C., every appeal other than an appeal from a sentence of fine finally abates on the death of the appellant, unless a near relative applies within thirty days of the death for leave to continue the appeal and leave is granted. ¶18