Jharkhand High Court
Shanti Ram Das vs The State Of Jharkhand on 2 May, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 1825 of 2003
(Against the judgment of conviction dated 29.10.2003 passed
by learned Additional District & Sessions Judge, Fast Track
Court No.-II, Jamshedpur, corresponding to S.T. No. 1724 of
2003.)
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1.Shanti Ram Das
2.Hanu Das @ Chitranjan Das
3.Subhash Das
4.Bagha Das @ Pranay Kr. Das
5.Dilip Das ..... Appellants
Versus
The State of Jharkhand ..... Respondent
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellants : Mr. J.N.Upadhyay, Adv.
For the State : Mr. Jitendra Pandey, APP
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05/Dated: 2nd May, 2023
Heard leaned counsel for the parties.
2. Learned counsel for the State submits that pursuant to
the order of this court a report has been received which
transpires that the appellant No.2- Hanu Das @ Chitranjan
Das died.
3. In view of the aforesaid fact, the appeal stand
dismissed as abated against the appellant No.2- Hanu Das @
Chitranjan Das.
4. The instant criminal appeal has been preferred against
the judgment of conviction dated 29.10.2003 passed by
learned Additional District & Sessions Judge, Fast Track
Court No.-II, Jamshedpur, corresponding to S.T. No. 1724 of
2003, whereby the appellants were convicted for the offence
under Sections 148, 323 and 34 IPC instead of sentencing
them and were directed to release on furnish a bond of Rs.
1000/- with two sureties of the like amount each for a period
of one year to maintain peace and be of good behavior for the
offence committed under section 148/323 and 34 IPC.
5. Mr. J.N.Upadhyay, learned counsel appearing for the
appellants submits that the appellants were convicted but
they were directed to be released after furnishing a bond of
Rs.1000/- with two sureties of like amount each for keeping
peace and good behavior for a period of one year and as per
record, the Probation Bonds have already been filed on behalf
of the appellants and the probation period has already expired
and no adverse report has been received during the probation
period.
In view of the aforesaid facts and circumstance,
he does not want to press this case on merit as the same has
become infructuous.
6. Learned counsel for the State submits that nothing
remains to be adjudicated in this case and practically it has
become infructuous.
7. Having regard to the facts and circumstances of the
case, deciding the case on merit would only be for an
academic purpose, since appellants were released on
furnishing bond of Rs.1000/- with two sureties for the like
amount each for keeping peace and good behavior for a period
of one year. Accordingly, the instant application, is hereby,
disposed of without interfering with the judgment of
conviction.
8. Let a copy of this order be communicated to the court
below and the appellants through concerned police station.
9. Let the lower court record be sent to the court
concerned forthwith.
(Deepak Roshan, J.)
Amardeep/
