Jharkhand High Court
Mahendra Mahto vs The State Of Jharkhand on 20 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (Jail) No.1914 of 2004
Mahendra Mahto ..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Sumit Prakash, Advocate
Dr.S.K.Chaturvedi, Advocate
For the State : None
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Through : Video Conferencing
5/20.04.2022 Mr. Sumit Prakash, learned counsel appearing on behalf of the
appellant is present. Learned counsel Dr.S.K.Chaturvedi appointed on
behalf of the appellant by this Court as Amicus Curiae is also present.
Nobody appears on behalf of the State.
Learned defence counsel Mr. Sumit Prakash submitted that the
sole appellant Mahendra Mahto was convicted for the offence punishable
under Sections 304-B and 498-A of IPC and therefore the learned court
below has sentenced him to undergo R.I. for seven years under Section
304-B of IPC and no separate sentence was awarded to the appellant for
the offence punishable under Section 498-A of IPC.
Learned defence counsel Mr. Sumit Prakash has sent an e-Mail,
which is a report of office of Superintendent, Loknayak Jayprakash
Narayan, Central Jail, Hazaribagh, by which, it appears that this
appellant Mahendra Mahto was awarded sentence for seven years by the
judgment of conviction and order of sentence dated 14.07.2003 passed by
the concerned learned court below and this appellant was in jail since
06.03.1999 and after serving the entire sentence as awarded by the
learned court below, he was released from the jail on 24.08.2005 after
serving the entire sentence. In this view of the matter, leaned defence
counsel Sumit Prakash appearing on behalf of the appellant submitted
that he does not want to argue this case on merit in view of the fact that
the appellant has already served the sentence as awarded in this case by
the learned court below and after serving the sentence, he has been
released from the jail.
Dr.S.K.Chaturvedi appointed by this Court on behalf of the
appellant, as initially it was a jail appeal, submitted that in the light of
submission advanced by the learned defence counsel Mr. Sumit Prakash,
let this appeal be dismissed in view of the fact that the sole appellant has
already served the entire sentence as awarded by the learned court
below.
Having taken into consideration the aforesaid submission
advanced by the learned defence counsel and also by the Amicus Curiae
Dr.S.K.Chaturvedi, it is found that the sole appellant was convicted by
the learned court below for the offence punishable under Sections 304-B
and 498-A of IPC by the impugned judgment of conviction and order of
sentence passed by Additional District & Sessions Judge, Hazaribagh in
S.T. No.276 of 2000 dated 14.07.2003. From perusal of the report as
submitted by the learned defence counsel Mr. Sumit Prakash, it appears
that the sole appellant was in jail since 06.03.1999 and after serving the
sentence, he was released from the jail on 24.08.2005 as per the report of
office of Superintendent, Loknayak Jayprakash Narayan, Central Jail,
Hazaribagh furnished by the learned defence counsel Mr. Sumit Prakash
and learned defence counsel does not want to argue this case on merit
and submitted that the period of sentence awarded by the learned trial
court has already been served by the appellant and the appellant has
been released from the jail after serving the sentence.
As such, in view of the aforesaid submission and fact, this appeal is
dismissed as above.
Mr. D.K. Chaturvedy appointed as Amicus Curiae in this case at the
first instance by filing the jail appeal and therefore Member Secretary,
Jharkhand State Legal Services Authority is directed to do the needful for
payment of professional fees as per Rule and Regulation.
Let a copy of this order be communicated to the Members
Secretary, Jharkhand State Legal Services Authority, Ranchi.
(Navneet Kumar, J.)
R.Kumar
