Jharkhand High Court
Md. Nasirullah vs The State Of Jharkhand on 28 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 1334 of 2007
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Md. Nasirullah ..... Appellant
Versus
The State of Jharkhand
..... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Tarun Kumar Sinha, Advocate
For the State : Mr. Vinit Kumar Vashishtha, Spl.P.P.
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10/28.08.2023 This criminal appeal has been filed on
behalf of the appellant Md. Nasirullah challenging
the judgment of conviction and order of sentence,
both dated 10.06.2007 passed in S.T. No. 18 of
2006 by Sri Ram Dhari Yadav, learned Addl.
Sessions Judge-cum-Fast Track Court, 9 at Giridih,
arising out of Bagodar P.S. Case No. 331/2004,
G.R. No. 2425/04, corresponding to T.R. No.
1227/05, by which the appellant has been
convicted for the offences punishable under Section
498-A and 304-B I.P.C. and sentenced to undergo
R.I. for three years and pay a fine of Rs. 2,000/- for
the offence under Section 498-A I.P.C. and in
default of payment of fine the appellant herein was
directed to undergo S.I. for one month. The
appellant has also been sentenced to undergo R.I.
for seven years under Section 304-B of the I.P.C.
However, both the sentences have been directed to
run concurrently.
2. Learned counsel for the appellant has
submitted that he is not pressing this appeal on
merits as the appellant has been released from
Central Jail, Hazaribagh after he has completed the
entire sentence and as such this appeal has become
infructuous.
3. No objection has been raised by the
learned Spl. P.P., who has submitted that a counter
affidavit has been filed on behalf of the State,
wherein it has been stated that the appellant was
sentenced to undergo R.I. for seven years and has
been released after completing the sentence
awarded by the learned Court below from the Jai
Prakash Narayan Central Jail, Hazaribagh on
14.01.2011.
4. Perused the counter affidavit of the
respondent State dated 23.08.2023 and heard the
learned counsel for both the sides.
5. It appears from the counter affidavit and
submissions made by the learned Spl. P.P. that the
appellant has completed the entire sentence and
has been released from the Central Jail,
Hazaribagh.
6. It also appears from record of the case that
the appellant was in custody at the time of filing of
the present criminal appeal.
7. From the counter affidavit filed on behalf
of the State through one Manish Kumar Gupta,
Sub-Inspector, Sariya Police Station, Giridih, it
appears that the appellant was in Central Jail,
Giridih from 17.11.2005 to 23.5.2009 and
thereafter, he was transferred to Lok Nayak
Jaiprakash Narayan Central Jail, Hazaribagh on
24.5.2009 and was in custody until his release on
14.01.2011 after completing his custody period.
8. From perusal of the custody report, it
would appear that the appellant was given certain
remission for certain period.
9. Thus, in the light of the fact that the
petitioner has been released after completion of his
entire sentence, this Criminal Appeal is, hereby,
dismissed as having become infructuous.
(Sanjay Prasad, J.)
s.m.
