1 2026:CGHC:5014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 405 of 2016 Balkrishna Sharma S/o Nemichand Aged About 58 Years R/o Killapara Pandariya, P.S. And Tahsil Pandariya, District Kabirdham, Chhattisgarh., Chhattisgarh ... Appellate(s) versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Pandariya, District Kabirdham, Chhattisgarh., Chhattisgarh ---- Respondent (Cause-title taken from Case Information System) For Appellant : Mr. F.S. Khare Advocate For State : Mr. Jitendra Shrivstava, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 2 9.01.2026 1. At the outset, learned State Counsel submits that the death certificate of the accused/appellant before this Court, indicating that he has died on 15.07.2016. The death certificate has been taken on record. 2. 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 Digitally signed by JYOTI JHA Date: 2026.01.30 11:08:44 +0530 2 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. 3. 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. 4. Accordingly, the present criminal appeal stands dismissed as having abated. Sd/- (Arvind Kumar Verma) Judge Jyoti