Manohar @ Kaliya vs State
2022 Latest Caselaw 6484 Chatt

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                                                                   NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                         CRA No. 1198 of 2001

     Manohar @ Kaliya, S/o Peru, R/o Naya Para, District- Durg
     (C.G.)
                                                 --- Appellant
                          Versus

     State of Chhattisgarh.
                                                         --- Respondent

For Appellant : Ms. Nirupama Bajpai, Advocate. For State : Ms. Abhyunnati Singh, Panel Lawyer.

Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board 31/10/2022

1. This appeal is preferred under Section 374(2) of the Code of

Criminal Procedure, 1973 against judgment dated 15.10.2001

passed by Second Additional Sessions Judge, Durg (C.G.) in

Session Trial No. 209/2001, wherein the said Court convicted the

appellant for commission of offence punishable under Sections

307 & 450 of IPC, 1860 and sentenced to undergo R.I. for 7

years and fine of Rs. 500/- & R.I. for 3 years and fine of Rs. 250/-

respectively with further default stipulations. All the sentences to

run concurrently.

2. During trial, the appellant was in jail from 04.04.2001 till the date

of judgment passed by learned Second Additional Sessions

Judge, Durg on 15.10.2001 which comes to six months & 11

days. This Court vide order dated 06.02.2002 granted bail to the

appellant and suspended the sentence awarded to him. This

Court vide order dated 13.11.2003 cancelled the bail granted to

the appellant and issued warrant of arrest against him and in

pursuance of the same, the appellant was put behind bar on

30.12.2003 till 26.12.2008. After completion of conviction, the

appellant has been released from jail on 27.12.2008.

3. This Court directed the State to verify about completion of

sentence awarded to the appellant and in pursuance of the

same, the Jail Superintendent, Central Jail, Raipur vide memo

dated 21.06.2002 has intimated the factual matrix of the case to

Office of Advocate General.

4. From perusal of letter dated 21.06.2022 and considering the fact

that appeal bearing CRA No. 1217/2001 preferred by co-

accused-Pusau has already been disposed of vide order dated

24.11.2009 passed by this Court on the pretext that the accused

has already been undergone the entire sentence awarded to him

and fine amount has already been deposited, as such, this

appeal is disposed of as the appellant has already been

undergone the entire sentence awarded to him and also

deposited the fine amount.

5. Accordingly, the instant appeal is disposed of.

Sd/-

(Narendra Kumar Vyas) Judge

Arun