Punjab-Haryana High Court
Jarnail Singh @ Jaila vs State Of Punjab on 30 January, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2025:PHHC:015035
CRA-S-77-SB-1999 &
CRA-S-1747-SB-2005 -1-
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.
****
ANOOP CHITKARA, J.
1. A common ques8on of law is involved in all these appeals and, 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 convic8ons and sentences. Through separate orders, the appeals were admi<ed, the sentences were suspended, and 1 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -2- the payment of the fines was stayed. Before the appeals came up for final hearing, in the interregnum, the appellants expired.
3. The ques8on of law that arises is whether the appeals would abate due to the appellants' death, considering that neither their close rela8ves sought permission for subs8tu8on under Sec8on 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 outcome will have implica8ons across all States.
5. Chapter XXXI of BNSS, 2023, from Sec8on 413 to 435, deals with Appeals.
6. S. 435 BNSS, 2023 reads as follows:
435. (1) Every appeal under sec8on 418 or sec8on 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 convic8on and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near rela8ves may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to con8nue the appeal; and if leave is granted, the appeal shall not abate. Explana8on. --In this sec8on, "near rela8ve" means a parent, spouse, lineal descendant, brother or sister.
7. Sec8on 435 BNSS, 2023 is analogous to S. 394 CrPC, 1973, being verba8m iden8cal except for the renumbering of related Sec8ons 377 and 378 CrPC, 1973, which have been subs8tuted by S. 418 & 419 of BNSS, 2023.
8. S. 418 BNSS (377 CrPC) provides for an Appeal by the State Government against the sentence, and S. 419 BNSS (378 CrPC) provides for an Appeal in case of acqui<al. Sec8on 435 (1), BNSS explicitly s8pulates that appeals for enhancement of sentence and/or against acqui<al shall abate on the death of an accused. Addi8onally, Sec8on 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 Sec8on 435(2) includes convicts who have filed appeals, which shall abate upon their death.
9. The Dic8onaries define the word 'Abate' as follows:
10. SHORTER OXFORD ENGLISH DICTIONARY (6TH ED. 2007) defines Abate in LAW.
"Cause (a nuisance, an ac8on) to cease".
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11. Abate, JUDICIAL DICTIONARY (13th ed. 2000).
Abate' is a generic term derived from the French word 'abate and signifies to quash, to beat down or destroy.
12. THE PENGUIN ENGLISH DICTIONARY (revised ed. 2003) defines abate in law as to put an end to or abolish and to reduce (something) in amount, intensity, or degree to moderate (something).
13. Abatement, BLACK'S LAW DICTIONARY (11th ed. 2019).
1. The act of elimina8ng or nullifying <abatement of a nuisance> <abatement of a writ>.
2. The suspension or defeat of a pending ac8on for a reason unrelated to the merits of the claim <the defendant sought abatement of the suit because of misnomer>; esp., the discon8nua8on of criminal proceedings before they are concluded in the normal course of li8ga8on, as when the defendant dies. See plea in abatement under PLEA "Although the term 'abatement' is some mes used loosely as a subs tute for 'stay of proceedings, the two may be dis nguished on several grounds. For example, when grounds for abatement of an ac on exist, the abatement of the ac on is a ma)er of right, but a stay is granted in the court's discre on. And in proper circumstances a court may stay a proceeding pending the outcome of another pro-ceeding although a strict plea in abatement could not be sustained." 1 Am. Jur. 2d Abatement, Survival, and Revival 53 (1994). ▸ abatement ab ini o. (1960) The nega8on of a criminal trial and verdict aTer a convicted defendant has died before exhaus8ng all legal appeals. The case reverts to the beginning point as if the trial and convic8on had never occurred. Also termed doctrine of abatement ab ini8o; rule of abatement ab ini8o.
▸ abatement in equity. (18c) Hist. The suspension of a suit for lack of the proper par8es necessary for it to proceed. Abatement in equity differed from abate-ment at law in that the ac8on was en8rely defeated in the la<er case, whereas in the former the ac8on was merely suspended and could be revived later (usu. when appropriate par8es were subs8tuted for the originals within a specified 8me).
3. The act of lessening or modera8ng; diminu8on in amount or degree <abatement of the debt>.
14. THE NEW LEXICON WEBSTER'S DICTIONARY (ed. 1988) defines abate to reduce, do away with, so about the anger of the mob, v.i. to grow less, the storm abated.
15. The scope of appeals from a composite sentence of imprisonment and fine, as referenced in a similar provision in the Code of Criminal Procedure, 1894, has been 3 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -4- interpreted by the Supreme Court in Harnam Singh v. The State of Himachal Pradesh, (1975) 3 SCC 343, where it was stated as follows:
[4]. Learned Counsel for the State of Himachal Pradesh, who are respondents to the appeal, has raised a preliminary objec8on to the right of the appellant's widow to prosecute the appeal. He contends that the substan8ve sentence of imprisonment imposed on the appellant Harnam Singh came to an end with his death and therefore the appeal regarding that sentence stands abated. As regards the sentence of fine, it is contended that since the deceased appellant was not sentenced to pay a fine only but was punished with a composite sentence of imprisonment and fine, the appeal would abate as regards the sentence of fine also. According to the learned Counsel this Court may, at the highest, set aside the sentence of fine if it finds that the appellant need not have been asked to pay a fine. But the order of convic8on and the substan8ve sentence must remain and the legality or propriety of that order cannot any longer be ques8oned in view of the death of the appellant.
[10]. The narrow ques8on which then requires to be considered is whether an appeal from a composite order of sentence combining the substan8ve imprisonment with fine is for the purposes of Sec8on 431 not an appeal from a sentence of fine. It is true that an appeal from a composite order of sentence is ordinarily directed against both the substan8ve imprisonment and the fine. But such an appeal does not for that reason cease to be an appeal from a sentence of fine. It is something more not less than an appeal from a sentence of fine only and it is significant that the parenthe8cal clause of Sec8on 431 does not contain the word "only". To limit the opera8on of the excep8on contained in that clause so as to take away from its purview appeals directed both against imprisonment and fine is to read into the clause the word "only" which is not there and which, by no technique of interpreta8on may be read there. The plain meaning of Sec8on 431 is that every criminal appeal abates on the death of the accused "except an appeal from a sentence of fine". The sec8on for its applica8on requires that the appeal must be directed to the sentence of fine and not that it must be directed to that sentence only. If by the judgment under appeal a sentence of fine is imposed either singularly or in conjunc8on with imprisonment, the appeal against convic8on would be an appeal from a sentence of fine within the meaning of Sec8on 431. All that is necessary is that a sentence of fine should have been imposed on the accused and the
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16. Sec8on 461 BNSS, 2023 reads as follows:
461. (1) When an offender has been sentenced to pay a fine, but no such payment has been made, the Court passing the sentence may take ac8on for the recovery of the fine in either or both of the following ways, that is to say, it may-- (a) issue a warrant for the levy of the amount by a<achment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:
Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in wri8ng, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensa8on out of the fine under sec8on 395.
(2) The State Government may make rules regula8ng the manner in which warrants under clause (a) of sub-sec8on (1) are to be executed, and for the summary determina8on of any claims made by any person other than the offender in respect of any property a<ached in execu8on of such warrant.
(3) Where the Court issues a warrant to the Collector under clause (b) of sub-sec8on (1), the Collector shall realise the amount in accordance with the law rela8ng to recovery of arrears of land revenue, as if such warrant were a cer8ficate issued under such law: Provided that no such warrant shall be executed by the arrest or deten8on in prison of the offender.
17. Sec8on 461 BNSS, 2023 is a replica of Sec8on 421 CrPC, 1973, except the change of numbering of related Sec8on 357 (2) CrPC with 395(2) BNSS, 2023.
18. Sec8on 471 BNSS, 2023 reads as follows:
471. Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that sec8on 461 shall, in its applica8on to an order under sec8on 400, by virtue of this sec8on, be construed as if in the proviso to sub-sec8on (1) of sec8on 461, aTer the words and figures "under sec8on 5 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -6- 395", the words and figures "or an order for payment of costs under sec8on 400" had been inserted.
19. Sec8on 471 BNSS, 2023 aligns with S. 431 CrPC, 1973, indis8nguishable in terms of their legal provisions', except for renumbering of consonant sec8ons: Sec8on 461 BNSS was previously 421 CrPC, 395 BNSS was 357 CrPC, and 400 BNSS was 359 CrPC.
20. Sec8on 8(7) of BNS, 2023 is analogous to S. 70 of IPC, 1860, and reads as follows:
8(7) The fine, or any part thereof which remains unpaid, may be levied at any 8me within six years aTer the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any 8me previous to the expira8on of that period; and the death of the offender does not discharge from the liability any property which would, aTer his death, be legally liable for his debts.
21. In Praban Kumar Mitra v. State of West Bengal, 1958 SCC OnLine SC 79: 1959 Supp (1) SCR 63, a Cons8tu8onal Bench of Hon'ble Supreme Court holds, [4]. There is no relevant; provision in the Code, except Sec8on 431 which is the last sec8on in Chapter XXXI of the Code, dealing with appeals and is in these terms: "431. Every appeal under Sec8on 411-A, sub-sec8on (2), or Sec8on 417 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant." It is manifest that the sec8on, in terms, applies only to appeals, and lays down that an appeal against an order of acqui<al passed by the High Court in exercise of its original criminal jurisdic8on [Sec8on 411 A (2)], or an appeal to the High Court from an order of acqui<al passed by any court other than the High court, shall finally abate upon the death of the accused, and all appeals under Chapter XXXI, except an appeal from a sentence of fine, shall finally abate on the death of the appellant. The first part of the sec8on dealing, as it does, with appeals against orders of acqui<al, naturally, provides that such appeals must, necessarily, abate because the accused person has passed beyond the jurisdic8on of the court. The second part of the sec8on deals with appeals by convicted persons or by a person who has been deprived of any property, or who has been ordered to furnish security etc. and lays down that such appeals shall finally abate on the death of the appellant except appeals from a sentence of fine....
6 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -7- [7]. .... In view of the fact that even in the absence of any statutory provisions, we have held, in agreement with the decision aforesaid of the Bombay High Court, that the High Court has the power to determine the case even aTer the death of the convicted person, if there was a sentence of fine also imposed on him, because that sentence affects the property of the deceased in the hands of his legal representa8ve, it now remains to consider whether the High Court was right in limi8ng its power of revision to the ques8on of fine only -- whether it was proper or excessive -- without going into the merits of the order of convic8on....X...On the death of the convicted person, the ques8on of his serving the whole or a por8on of his sentence of imprisonment, does not arise. But the sentence of fine remains to be examined -- whether it was well founded in law. This ques8on cannot be effec8vely gone into unless the order of convic8on itself is examined on its merits. If the fact that the fine will have to be paid out of the estate of the deceased appellant or pe88oner in revision, is the ground for giving the heir or legal representa8ve a right to con8nue the appeal or a privilege of maintaining or con8nuing a revision, the same principle should en8tle him to ques8on the correctness of the convic8on itself, for, if the convic8on remains, at least some fine, however nominal, will have to be paid by the heir or the legal representa8ve out of the estate of the deceased. In our opinion, therefore, where the High Court thinks it fit and proper to entertain an applica8on in revision or calls for the record suo motu, it has the power to examine the whole ques8on of the correctness, propriety, or legality of the sentence of fine, which necessarily involves examining the order of convic8on itself from that point of view.
22. In Lakshmi Shanker Srivastava Vs. State (Delhi Administra8on), (1979) 1 SCC 229, Hon'ble Supreme Court holds, [4]. Mr H.R. Khanna, learned Counsel who appeared for the respondent raised a preliminary objec8on. It was urged that the appellant died during the pendency of this appeal and, therefore, the appeal abates and cannot be proceeded with. Simultaneously it was urged that if the appeal were not to abate on the only ground that the appellant was also sentenced to pay a fine of Rs 200 and, therefore, it may be said that right to property of the legal representa8ves may be adversely affected and, therefore, they would be en8tled to con8nue the appeal, the respondent State is prepared to concede that the sentence of fine may be set aside.
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23. In Ramesan (Dead) Through LR Girija A v. The State of Kerala, MANU/SC/0065/2020 , Hon'ble Supreme Court holds, [19]. We, thus, conclude that the appeal filed by accused Ramesan in the High Court was not to abate on death of the accused. The High Court rightly did not direct for abatement of appeal and proceeded to consider the appeal on merits. The appeal before the High Court being against sentence of fine was required to be heard against the sentence of fine despite death of accused-appellant.
[20]. Although, we have upheld the view of the High Court that appeal filed by the accused was not to abate and was required to be heard and decided on merits but there is one aspect of hearing of the appeal before the High Court, which need to be noted. From the judgment of the High Court, it does not appear that aTer the death of the appellant-accused, his legal heirs were given opportunity to proceed with the appeal against the sentence of fine. The judgment of the High Court does not also men8on that any counsel has appeared for the legal heirs. The High Court ought to have given an opportunity to legal heirs of the accused to make their submissions against the sentence of fine, which fine could have been very well recovered from the assets of the accused in the hands of the legal heirs.
24. In Thotlegowda v. State, Crl.A-165-2012, decided on 13 Jan 2023, Single Bench of High Court of Karnataka observed, [5]. Death of the convict does not discharge him from liability from paying fine and compensa8on imposed by Court and property which goes to his legal heirs aTer his death is legally liable for the same.
25. In Bondada Gajapathi Rao v. State of Andhra Pradesh, 1964 SCC OnLine SC 338:
(1964) 7 SCR 251, Hon'ble Supreme Court holds, [3]. The principle on which the hearing of a proceeding may be con8nued aTer the death of an accused would appear to be the effect of the sentence on his property in the hands of his legal representa8ves. If the sentence affects that property, the legal representa8ves can be said to be interested in the proceeding and allowed to con8nue it.
[8]. ... In view of the appellant's death we are of course not interested any further in considering the details of the offence, if any, unless we allow the heirs of the appellant to prosecute the appeal aTer his death and this is precisely what the present pe88oners claim they are en8tled to do. It is 8 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -9- admi<ed, however, that no analogous conten8on was ever raised in this Court, though appeal on the death of a sole appellant were, before this, treated as abated. One would expect that an appeal of this character would normally abate on the death of the appellant because a criminal prosecu8on is concerned primarily with the punishment of an offender and not with the trial of an abstract issue about the truth or falsity of a prosecu8on case. The maxim ac8o personalis moritur cum persona is oTen invoked in this behalf. The Criminal Procedure Code in Sec8on 431 also provides that all appeals filed under Sec8on 411-A sub-sec8on 2 or Sec8on 417 shall finally abate on the death of the accused and every other appeal under Chapter XXXI shall finally abate on the death of the appellant, except an appeal against a sentence of fine. The sec8on cannot cover a case such as the present because this appeal was not filed under any of the sec8ons men8oned in Sec8on 431 or under Chapter XXXI.
[12]. There is good reason for holding that a criminal prosecu8on in which the State is anxious to bring an offender to book with a view to geYng him punished for a crime comes to an end on the death of the person arraigned. The same principle must apply also to appeals aTer convic8on, except insofar as a judgment already rendered touches assets which would come to the legal representa8ves or the executor as the case may be. Beyond this it is not possible to conceive of remoter interests because if the law were to take into account such remote interests every appeal would have to be con8nued aTer the death of the appellant. In my judgment, the present pe88oners do not claim any direct interest and the appeal must, therefore, be taken to have abated. I agree that the pe88on be dismissed and the appeal held to have abated.
[18]. Indeed, the legislature has, by limi8ng in Sec8on 431 of the Code the survival of appeals to appeals against sentences of fine has chosen to recognise only one kind of interest and no other. ...
26. An analysis of the above-men8oned statutory provisions and the judicial precedents would lead to the following outcome.
27. Facing criminal prosecu8on presents significant challenges, given the highly technical nature of criminal law and the substan8al risk of self-incrimina8on. Further, effec8ve cross- examina8on is an acquired skill that requires legal exper8se and experience, emerging from incessant prac8ce. The ability to analyse admissions, omissions, confessions, as well as to establish or negate existence of facts necessitates a deeper understanding of eviden8ary 9 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -10- law and its principles. Moreover, dis8nguishing between relevant admissible and irrelevant or inadmissible evidence is a nuanced exercise that requires certain legal proficiency and acumen. While it is not a strict requirement that every accused or convicted individual obtain legal aid when unrepresented; the right to it is cons8tu8onally and statutorily safeguarded for those who lack the means to secure legal counsel, ensuring access to jus8ce in accordance with due process.
28. In the present case, the issue is not that the appellant had failed to engage a legal counsel, or the counsel was not puYng in appearances; rather, the appellant's demise would have rendered the power of a<orney legally inopera8ve and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.
29. Thus, upon the demise of an individual, if the legal heirs or representa8ves fail to subs8tute them within the prescribed 8meframe, where the subs8tu8on is legally permissible subject to statutory limita8ons, the ques8on arises as to whether the Court should appoint legal aid counsel to represent the deceased. The unequivocal answer must be in the nega8ve, as dictated by the well-established La8n maxim Ac o Personalis Moritur Cum Persona, which asserts that a personal cause of ac8on ex8nguishes with the person. However, this principle is not absolute; certain legal claims, par8cularly those pertaining to proprietary interests or liabili8es against the estate of the deceased, remain unaffected and con8nue to be enforceable posthumously.
30. The legislature has long recognized the inherent impossibility of subjec8ng a deceased individual to incarcera8on. Consequently, neither the Code of Criminal Procedure, 1973 (CrPC), nor its successor, the Bhara ya Nagarik Suraksha Sanhita, 2023 (BNSS), contains provisions manda8ng the con8nua8on of criminal proceedings against a deceased accused. Under these procedural frameworks, all pending appeals, except those challenging a sentence of a fine, abate upon the appellant's death. However, in cases where a convic8on has been recorded, certain close rela8ves--such as a parent, spouse, lineal descendant, brother, or sister--may seek leave of the Court to con8nue the appeal, thereby safeguarding the posthumous legal interests and reputa8onal considera8ons of the deceased.
31. When a fine is levied upon a convic8on, the State's right to recover it is strictly limited to execu8on against the deceased's estate, ensuring that penal sanc8ons remain personal and do not extend beyond the life of the offender. However, complexi8es arise where the fine's execu8on had been stayed by judicial order prior to the appellant's demise. In such cases, the stay con8nues to operate posthumously, as it cannot be vacated, revoked, 10 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -11- or enforced against a deceased individual who can no longer contest or comply with the order. A dis8nct scenario emerges when the convict, during their life8me, has voluntarily deposited the fine with the State treasury or the Court. Here, the principle of irrevocable consent applies--once the fine has been remi<ed, it cons8tutes a legally concluded transac8on, precluding legal heirs from challenging the payment or seeking res8tu8on. Thus, if a convict who has deposited the fine dies during the pendency of their appeal, the deposited amount automa8cally vests with the State as a valid recovery, and legal representa8ves have no claim over it unless they seek and obtain leave of the Court to con8nue the appeal. Moreover, since the fine has already been transferred to the State, no further judicial orders--whether in appeal or a<achment--are required for its final appropria8on, as such a transfer is merely an administra8ve realloca8on within governmental accounts. Given that neither the ves8ng nor the u8liza8on of the fine imposes any legal burden on the heirs, and they lack locus standi to challenge its disposi8on absent a pending appeal, the appeal must necessarily abate upon the appellant's death. This approach upholds the fundamental principle that criminal liability is strictly personal, ensures procedural finality, and prevents unnecessary judicial interven8on in ma<ers where the penal consequence has either been sa8sfied or rendered unenforceable by opera8on of law.
32. The law has also provided a 30-day limita8on for parents, spouses, lineal descendants, brothers, or sisters to pursue the appeal. Thus, if the legal representa8ves wish to con8nue the appeal, they may seek leave from the Appellate Court. If such leave is granted, the appeal can proceed and shall not abate; however, if leave is not granted, the appeal shall abate.
33. In Bani Singh v. State of UP, (1996) 4 SCC 720, a three-member bench of the Hon'ble Supreme Court did not approve the dismissal of appeals against convic8on for non- prosecu8on because of the lawyer's absence.
34. However, in present appeals, the convicts died, and therefore, none can represent a deceased person except by subs8tu8on in accordance with the law, which was also not resorted to by their successors.
35. The legal challenge arises in cases where a convicted individual, upon whom a fine has been imposed, passes away without having either deposited the amount or securing a stay on its payment. Under both the Code of Criminal Procedure, 1973(CrPC) and its successor, the Bhara ya Nagarik Suraksha Sanhita, 2023 (BNSS), the recovery of such fines is procedurally limited to execu8on against the deceased's estate in accordance with 11 of 12 ::: Downloaded on - 15-02-2025 02:54:11 ::: Neutral Citation No:=2025:PHHC:015035 CRA-S-77-SB-1999 & CRA-S-1747-SB-2005 -12- established legal principles governing such liability . However, neither statute prescribes a mechanism enabling the Court to issue no8ce to the legal representa8ves of the deceased for the purpose of fine recovery. The apparent legisla8ve omission of such a provision likely stems from a recogni8on of the prac8cal and jurispruden8al concerns associated with directly no8fying legal heirs regarding the pecuniary liabili8es of the deceased. The issuance of a formal Court no8ce demanding payment could, in many instances, not only diminish the deceased's posthumous dignity in the eyes of their successors but also create unintended financial burdens. This concern is par8cularly pronounced where the heirs are financially well-established, domiciled abroad, or otherwise in a posi8on to discharge the fine from their self-acquired assets as a ma<er of expediency. Such an outcome would neither align with the underlying legisla8ve intent nor find support within the broader framework of criminal jurisprudence, which generally seeks to limit penal consequences to the individual wrongdoer rather than impose vicarious liability on their successors. The absence of a statutory mandate for no8fying legal heirs thereby upholds the principle that criminal penal8es, barring those explicitly permi<ed by law to survive, should not extend beyond the life of the convict.
36. In conclusion, a criminal appeal filed by a convict shall abate if the payment of the fine has been stayed by a judicial order before death or if the en8re fine amount has been deposited with the Court. However, if the fine is neither stayed nor deposited, the appeal shall not abate. When there is no representa8on for the appellant, the appeal will be dismissed for lack of prosecu8on.
37. In all the above appeals, during the life8me of the appellant, the Court had stayed the payment of the fine. In the light of the discussions above, all these appeals shall stand abated.
38. Given the above, the appeals are dismissed as abated. Bail bonds are discharged. All pending applica8ons, if any, stand closed.
(ANOOP CHITKARA)
JUDGE
30.01.2025
Jyo8-II
Whether speaking/reasoned: Yes
Whether reportable: YES
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