Nausad Ansari vs The State Of Jharkhand
2023 Latest Caselaw 4499 Jhar

Jharkhand High Court

Nausad Ansari vs The State Of Jharkhand on 12 December, 2023

Author: Sanjay Prasad

Bench: Sanjay Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Criminal Appeal (S.J.) No. 1091 of 2005
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   Nausad Ansari                        ..... 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 : Mrs. J. Majumdar, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

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12/12.12.2023 This criminal appeal has been filed on behalf of the appellants challenging the judgment of conviction dated 20.8.2005 and Order of sentence dated 22.8.2005, passed by Ms. Babita Prasad, learned 5th Additional Sessions Judge (F.T.C.), Jamtara, in Sessions Case No. 22/05/51/03 by which the appellant has been convicted for committing the offence under Section 307/34 of the I.P.C. and sentenced to undergo R.I. for a period of eight years and pay the fine of Rs. 2,000/- and in default of payment of fine he has been further ordered to undergo R.I. for a period of two years.

2. Heard Mrs. Jasvinder Majumdar, learned counsel for the appellant and Mrs. Vandana Bharti, learned A.P.P. appearing for the State.

3. Learned counsel for the appellant submits that the appellant has served the entire sentence and has already been released from jail and thus, this appeal has become infructuous.

4. Learned A.P.P. also submits that the appellant has served the sentence and has already been released from jail and that a counter affidavit has been filed on behalf of the State to that effect.

5. From perusal of the counter affidavit dated 12.09.2023 filed on behalf of the State, it appears that appellant Nausad Ansari has served his sentence and has been released from custody from the Central Jail, Hazaribagh and the custody details of the appellant, issued by the Loknayak Jaiprakash Narayan Central Jail, Hazaribagh, has been sent to the Assistant Registrar- XXXIII of this Court vide Memo No. 2023/Mukti 8620, dated 04.09.2023, which is also enclosed as Annexure A series to the counter affidavit.

6. It appears that the said Annexure A series contains the photocopy of the report of the Superintendent, Loknayak Jaiprakash Narayan Central Jail, Hazaribagh and from perusal of the said photocopy of the report, it appears that the appellant Nausad Ansari has served the sentence and has been released from Lok Nayak Jaiprakash Narayan Central Jail, Hazaribagh on 19.11.2008.

7. In view of the submissions made above by learned counsel for both sides and from perusal of the counter affidavit filed by the learned A.P.P., it is apparent that the sole appellant, namely Nausad Ansari has already been released after serving his sentence and therefore, this appeal has become infructuous.

8. Thus, this Criminal Appeal is dismissed as having become infructuous.

(Sanjay Prasad, J.) s.m.