1 / 2 2025:CGHC:14766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 77 of 2024 1 - Kamlesh @ Jugnu S/o Yetram Sahu Aged About 33 Years R/o Village Bhurka, P.S. And District Mahasamund (C.G.) ... Appellant versus 1 - State of Chhattisgarh Through Police Station Mahasamund, District Mahasamund (C.G.) ... Respondent For Appellant : Mr. Shubhank Tiwari, Advocate For State : Mr. Neeraj Sharma, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/03/2025 1. Today the present case is listed on a PUD/Letter received on 14/11/2024 from the learned IInd Additional Sessions Judge, Mahasamund through the Principal District and Sessions Judge, Mahasamund, C.G. 2. Vide the said PUD/letter, learned Additional D&S Judge has informed this High Court that accused/appellant herein has since died on 08/08/2024. The death certificate was also enclosed with the said PUD. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 11:57:50 +0530 2 / 2 3. Section 394(2) provides that every other appeal under this chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant. Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. 4. In the instant case, there is no application filed by the legal representatives of the deceased appellant before this Court under Section 394 (2) of the CPC. Therefore, after expiry of the said prescribed period, the instant appeal is finally abated on behalf of the appellant. 5. Accordingly, the present criminal appeal stands dismissed as having abated. SD/- (Arvind Kumar Verma) JUDGE ashu