Mahesh Ram vs The State Of Bihar on 26 May, 2026

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    Patna High Court – Orders

    Mahesh Ram vs The State Of Bihar on 26 May, 2026

    Author: Harish Kumar

    Bench: Harish Kumar

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (DB) No.735 of 2008
                     ======================================================
                     Mahesh Ram, son of Late Ram Chandra Ram, resident of Village- Desri,
                     Police Station Desri, District- Vaishali
    
                                                                                       ... ... Appellant
    
                                                         Versus
    
                     The State of Bihar
    
                                                                ... ... Respondent
                     ======================================================
                     Appearance :
                     For the Appellant     :         Mr. Arbind Kr.Singh 1, Advocate
                     For the Respondent    :         Smt. Shashi Bala Verma, A.P.P.
                     ======================================================
                     CORAM: HONOURABLE THE CHIEF JUSTICE
                             and
                             HONOURABLE MR. JUSTICE HARISH KUMAR
                                           ORAL ORDER
    
                     (Per: HONOURABLE THE CHIEF JUSTICE)
    
    5   26-05-2026

    Perused the report dated 12.05.2026 of the

    Superintendent of Police, Vaishali along with the report dated

    SPONSORED

    11.05.2026 of the A.S.H.O., Desari Police Station, Vaishali,

    which indicate that the sole appellant Mahesh Ram is dead and

    the death certificate of the appellant is annexed with the said

    report.

    2. In view of the said reports as also section 394 of the

    Code of Criminal Procedure, 1973, which corresponds to

    section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

    since no near relative has filed any application for leave to

    continue the appeal and having regard to the settled position of
    Patna High Court CR. APP (DB) No.735 of 2008(5) dt.26-05-2026
    2/3

    law as enunciated by the Hon’ble Division Bench of the High

    Court of Judicature at Allahabad in Santosh Kumar Baranwal

    v. State of UP, reported in 2010 SCC OnLine All 974, wherein

    it has been categorically held that upon conviction under

    Section 302 of the Indian Penal Code, 1860, the imposition of

    fine is discretionary in nature and does not partake the character

    of a mandatory requirement, and the legal position affirmed by

    the Hon’ble Division Bench of the High Court of Judicature at

    Bombay in Gopala Balu Kamble v. State of Maharashtra,

    reported in 2011 SCC OnLine Bom 1290 being in consonance

    therewith, and whereas the appellant has since expired during

    the pendency of the present appeal and the conviction sought to

    be assailed pertains to the year 2007, and the State does not

    intend to pursue the recovery of the fine amount as imposed by

    the learned Trial Court, this Court, upon due consideration of

    the aforesaid facts, circumstances and settled legal position,

    hereby sets aside the order of imposition of fine passed by the

    learned Trial Court, and since the appeal insofar as it pertains to

    the sentence of imprisonment stands abated consequent upon the

    demise of the appellant, the present appeal is disposed of as

    having abated in its entirety.

    3. Let the trial court record be sent back to the
    Patna High Court CR. APP (DB) No.735 of 2008(5) dt.26-05-2026
    3/3

    concerned court immediately, if not required in any other case.

    (Sangam Kumar Sahoo, CJ)

    (Harish Kumar, J)
    shailendra/-

    U



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