Nanke @ Nankawa vs State Of U.P.
2023 Latest Caselaw 15274 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33782
 
Court No. - 13
 

 
Case :- JAIL APPEAL No. - 2003 of 2008
 

 
Appellant :- Nanke @ Nankawa
 
Respondent :- State of U.P.
 
Counsel for Appellant :- In Person,(Amicus Curaie),Sunil Dixit
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

1. This jail appeal has been preferred by the appellant against the judgment and order dated 1.9.2004 passed by learned Additional Sessions Judge, Fast Track Court No. 5, Gonda in Sessions Trial No. 103 of 1996, arising out of Case Crime No. 05 of 1994 whereby the appellant was convicted and sentenced under Section 363 IPC for three years rigorous imprisonment and fine of Rs.2,000/-, in default of payment of fine, he has to undergo one month's additional imprisonment, under Section 366 IPC he has to undergo five years rigorous imprisonment and fine of Rs.3,000/-, in default of payment of fine, he has to undergo two months additional imprisonment, under Section 368 IPC he has to undergo five years rigorous imprisonment and fine of Rs.3,000/-, in default of payment of fine, he has to undergo two months additional imprisonment, under Section 376 IPC, the appellant has to undergo ten years rigorous imprisonment and fine of Rs.5,000/-, in default of payment of fine he has to undergo three months additional imprisonment. All the sentences were directed to run currently.

2. Case called out. None appears on behalf of the appellant. The appeal pertains to the year 2008.

3. Perusal of report of learned Chief Judicial Magistrate, Gonda dated 08.02.2018 shows that after serving out the sentence, the appellant has been released on 18.05.2013. After release from the jail, the appellant never appeared to press this appeal, therefore, it seems that by efflux of time, this appeal seems to be infructuous and the is hereby dismissed as such.

Order Date :- 15.5.2023

Virendra