The High Court held that the criminal appeal abated as the sole appellant died during its pendency. The non-bailable warrant of arrest against the appellant was withdrawn.
The appeal was held to have abated; the non-bailable warrant was withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.400 of 1995
======================================================
Shah Md. Sahid @ Pir Saheb, S/o late Sulak Mian, resident of Village-Satua, Police Station-Baniapur, District-Saran.
... ... Appellant.
Versus
The State of Bihar
... ... Respondent. ====================================================== Appearance : For the Appellant/s : Mr. Satya Nand Shukla, Advocate For the Respondent/s : Mr. Dr. Mayanand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
10 23-06-2022
In pursuance of the order dated 22-11-2021, a report
has been submitted by the Superintendent of Police, Saran enclosing the report of SHO, Baniyapur Police Station, DistrictSaran.
By the aforesaid order, non-bailable warrant of arrest was issued against the sole appellant by a coordinate bench of this court for the reason that none had appeared on behalf of the appellant when the matter was taken up for hearing.
From the report dated 22-12-2021 submitted by the Superintendent of Police, Saran at Chapra and the report dated 21-12-2021 submitted by the SHO of the concerned police station, it is apparent that the sole appellant has died during pendency of the appeal.
Patna High Court CR. APP (DB) No.400 of 1995(10) dt.23-06-2022 2/2
In the said circumstances, the present appeal stands
abated.
Let the records be consigned.
Non-bailable warrant of arrest issued against the
appellant stands withdrawn.
(Sudhir Singh, J)
( Chandra Prakash Singh, J)
A.K.V.//-
U T
Shah Md. Sahid @ Pir Saheb
The State of Bihar
Sudhir Singh
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
