1 2026:CGHC:2053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 137 of 2019 Santosh Pandey S/o Shri Jagdish Prasad Pandey Aged About 50 Years R/o Village Amarpur, Police Station- Pendra, District - Bilaspur , Chhattisgarh, District : Bilaspur, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer , Police Station - Pendra, District - Bilaspur ,chhattisgrh, District : Bilaspur, Chhattisgarh ... Respondent For Appellant : Mr. Amit Singh, Advocate For State/Respondent : Mr. Shailendra Sharma, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 13.01.2026 1. Learned counsel for the appellant has produced the death certificate of the accused/appellant before this Court, indicating that he has died on 15.10.2025. The death certificate has been taken on record. 2. Vide the said PUD/letter, learned Additional Distric and Sessions Judge has informed this High Court that accused/appellant herein ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.16 12:16:42 +0530 2 has died on 20.10.2018. The death certificate is annexed with the said PUD. 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