The High Court disposed of the criminal appeal as abated because the appellant had died, confirmed by a police report, and no prayer was filed by his heirs to continue the appeal.
The criminal appeal stood disposed of as abated.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2768 of 2017
Arising Out of PS. Case No.-150 Year-2008 Thana- KUCHAIKOTE District- Gopalganj
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Ganesh Mahto S/o Late Pati Mahto, R/o Vill- Bantaic Ramu Tola, P.S.Kuchaikot, Dist- Gopalganj.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : None. For the Respondent/s : Mr. Sri Bipin Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
7 02-01-2023
No one appears on behalf of the appellant when the
appeal is called out while learned APP appearing for the State is present.
In the light of direction given on 17.10.2022, the required report has been received vide letter no. 183 of 05.11.2022 sent by Additional District & Session Judge-VIII, Gopalganj which shows that the appellant/convict namely Ganesh Mahto had died on 29.08.2018.
Along with this report, a report furnished by Jail Superintendent, Motihari is also enclosed which also confirms the demise of the appellant.
As the appellant is no more and there is no prayer on behalf of the heirs/near relatives of the appellant for leave to continue the appeal, hence the criminal appeal is abated and
Patna High Court CR. APP (SJ) No.2768 of 2017(7) dt.02-01-2023 2/2
accordingly the appeal stands disposed of as abated.
(Shailendra Singh, J)
annu/-
U T
Ganesh Mahto
The State Of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
