In a striking case highlighting systemic negligence, the Gujarat High Court on 28th July 2025 recalled a judgment convicting an accused in a criminal appeal after discovering that the accused, Raijibhai Fulabhai Sodha, had passed away almost nine years earlier on 21st September 2016.
The matter pertains to Criminal Appeal No. 1248 of 2013, filed by the State of Gujarat. The High Court had earlier allowed the appeal on 11th July 2025, convicting the accused. Since the accused was not present during the pronouncement of judgment, the court had issued a non-bailable warrant to secure his presence for sentencing.
"As the accused is not available before the Court, to question him on the quantum of sentence, issue Non-bailable warrant...," the court had ordered on 11th July 2025.
However, during the hearing on 28th July 2025, Additional Public Prosecutor Ms. Krina Calla submitted, under instructions, that the accused had in fact died on 21st September 2016. A copy of his death certificate and a police report from Mahemdabad Police Station were also presented.
"To our utter surprise… the accused died long back on 21.09.2016 itself… the factum of his death is not informed earlier to the office of PP…," noted Justice Cheekati Manavendranath Roy, expressing strong disapproval.
The Court heavily criticized both the police and the prosecution office for their grave oversight. The judges emphasized that the Court was compelled to hear and pass judgment in a case that should have abated due to the death of the sole accused.
Read also:- Delhi High Court Rejects Husband’s Plea: ₹50,000 Monthly Maintenance for Wife and Child Upheld
"We very seriously deprecate the said negligence on the part of the concerned police in not informing the factum of death... It is a fit case where appropriate action is to be taken."
The Court directed the Public Prosecutor and the APP to bring this negligence to the attention of the Superintendent of Police, Kheda District, for appropriate action against the erring officials. Additionally, it emphasized the need for better coordination between the police and prosecution to prevent recurrence of such incidents.
Read also:- Delhi High Court Rejects Maintenance Plea of Retired Teacher, Cites Self-Sufficiency
Referring to the Supreme Court judgment in S. vs. Sunilkumar and Another, (2016) 16 SCC 687, the High Court clarified that any judgment passed in such circumstances has no legal effect and must be recalled.
"When the factum of death of the accused was not brought to the notice of the Court… the said judgment will have no effect and it has to be recalled."
Consequently, the Gujarat High Court recalled its 11th July 2025 judgment and disposed of the appeal as abated, reaffirming that no sentence can be imposed when the accused has passed away prior to final hearing.
Bench: Justice Cheekati Manavendranath Roy and Justice DM Vyas
Case Title: State of Gujarat vs. Raijibhai Fulabhai Sodha
Case Number: Criminal Appeal (Against Acquittal) No. 1248 of 2013