IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-77-SB-1999 Reserved on: 16.01.2025.

Pronounced on: 30.01.2025 Bhola @ Ram Dass ...Appellant Versus State of Haryana …Respondent CRA-S-1747-SB-2005 Jarnail Singh @ Jaila …..Appellant Versus State of Punjab …..Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Deepanshu Kapur, Advocate for Mr. S.S. Rana, Advocate for the appellant in CRA-S-1747-SB-2005.

None for the appellant in CRA-S-77-SB-1999.

Mr. Aashish Bishnoi, D.A.G., Haryana and Ms. Trishanjali Sharma, DAG, Haryana.

Mr. Jasjit Singh, DAG, Punjab and Mr. Sukhdev Singh, A.A.G, Punjab.

Mr. Manish Bansal, P.P., U.T., Chandigarh along with Mr. Rajiv Vij, APP for U.T., Chandigarh.

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ANOOP CHITKARA, J.

1. A common question of law is involved in all these appeals; as such, they are being decided together through a common judgment of the same date. Facts are extracted from CRA-S-77-SB-1999.

2. The convicts filed these appeals to challenge their convictions and sentences. Through separate orders, the appeals were admitted, the sentences were suspended, and the payment of the fines was stayed. Before the appeals came up for final hearing, in the interregnum, the appellants expired.

3. The question of law that arises is whether the appeals would abate due to the appellants’ death, considering that neither their close relatives sought permission for substitution under Section 394(2) CrPC, nor did the appellants deposit the fine amount.

4. Since none represent the appellants, I have heard the Counsel for the States of Punjab, Haryana, and UT Chandigarh, as the outcome will have implications across all States.

5. Chapter XXXI of BNSS, 2023, from Section 413 to 435, deals with appeals.

6. S. 435 BNSS, 2023 reads as follows:

435. (1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused.

(2) 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. Explanation. —In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.

7. Section 435 BNSS, 2023 is analogous to 394 CrPC, 1973, being verbatim identical except for the renumbering of related Sections 377 and 378 CrPC, 1973, which have been substituted by 418 & 419 of BNSS, 2023.

8. Section 418 BNSS (377 CrPC) provides for an appeal by the State Government against the sentence, and 419 BNSS (378 CrPC) provides for an appeal in case of acquittal. Section 435 (1), BNSS explicitly stipulates that appeals for enhancement of sentence and/or against acquittal shall abate on the death of an accused. Additionally, Section 435 (2) BNSS states that except for appeals involving a sentence of a fine, all other appeals filed under this Chapter shall abate upon the appellant's death. Therefore, the scope of Section 435(2)

includes convicts who have filed appeals, which shall abate upon their death.

9. The Dictionaries define the word ‘Abate’ as follows:

10. SHORTER OXFORD ENGLISH DICTIONARY (6TH ED. 2007) defines Abate in LAW.

“Cause (a nuisance, an action) to cease”.

11. Abate, JUDICIAL DICTIONARY (13^th ed. 2000).

Abate' is a generic term derived from the French word 'abate and signifies to quash, to beat down or destroy.

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