Sheo Shankar Sah vs The State Of Jharkhand
2021 Latest Caselaw 4431 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No.1340 of 2003

            1. Sheo Shankar Sah
            2. Saudagar Sah                               .....   Appellants
                                      Versus
            The State of Jharkhand                        ....      Respondent

                  CORAM:         HON'BLE MR. JUSTICE NAVNEET KUMAR

            For the Appellants        :    Mr. Anil Kumar, Sr. Advocate
            For the State             :    Mr. Tarun Kumar, APP
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13/25.11.2021 Learned Sr. counsel Mr. Anil Kumar is appearing on behalf of the appellants.

Mr. Tarun Kumar is appearing on behalf of the State. Learned defence counsel submitted that as per the record itself, it appears that the appellant Saudagar Sah has expired and the appeal has already been abated pursuant to the previous order and so far as Sheo Shankar Sah is concerned, an affidavit is available on record, filed on behalf of the State, by which, it appears that this appellant Sheo Shankar Sah has already remained in jail for a period of four years, nine months and seventeen days and the said appellant has been released from jail on 05.03.2008. As per the report received from the central jail, Medninagar, Palamau from the office of superintendent, an affidavit has already been filed on behalf of the State by the sub-inspector of Lesligang police station and from perusal of the said affidavit, it is found that he has remained in jail for about four years nine months and seventeen days, which is following in line with the report from the Superintendent of Central jail, Medninagar, Palamau. It has not been categorically stated in the said affidavit as to whether the sentence of imprisonment awarded in the judgment has been served by the appellant Sheo Shankar Sah in this case or not.

Learned APP Tarun Kumar submitted that let once again the categorical affidavit to that effect be filed and therefore he seeks adjournment to file the same mentioning categorically in the affidavit about the period of sentence awarded to the appellant has been served by him in this case or not.

Put up this case after four weeks.

(Navneet Kumar, J.) R.Kumar