Syed Ali vs State By Vyalikaval P S
2023 Latest Caselaw 5318 Kant

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                                                      NC: 2023:KHC:27455-DB
                                                           CRL.A No. 1939 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF AUGUST, 2023

                                             PRESENT
                              THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                 AND
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL APPEAL NO. 1939 OF 2022


                      BETWEEN:

                         SYED ALI
                         S/O SYED MOHAMMED
                         AGED ABOUT 33 YEARS
                         R/AT No.86, SATTA PELLIYAR STREET
                         KALLADAI KURCHI, BEHIND CSI CHURCH
                         MELAPUDIKUDI TIRUNELVELI
                         TAMILNADU - 627 356.
                                                                  ...APPELLANT
                      (BY SRI CHAND PASHA, ADVOCATE FOR
                      SRI MOHAMMED TAHIR, ADVOCATE)

                      AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
                         STATE BY VYALIKAVAL P S
Location: HIGH           REP BY SPL PUBLIC PROSECUTOR
COURT OF
KARNATAKA                HIGH COURT COMPLEX
                         OPP VIDHANA SOUDHA
                         BANGALORE -560 001.

                                                                 ...RESPONDENT

                      (BY SRI VIJAYKUMAR MAJAGE, SPP-II)

                           THIS CRL.A IS FILED UNDER SECTION 21(4) OF NIA ACT
                      PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
                      16.08.2022 OF REJECTION OF BAIL AT ANNEXURE-A AND
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                                     NC: 2023:KHC:27455-DB
                                         CRL.A No. 1939 of 2022




CONSEQUENTLY ENLARGE THE APPELLANT/ACCUSED No.23 ON
BAIL IN S.C.No.1347/2016 C/W S.C.No.381/2015 AND ETC.,

    THIS APPEAL COMING ON FOR ORDERS THIS DAY
K.SOMASHEKAR J., DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel Sri. Mohammed Tahir is on record

for appellant but today he is represented by learned

counsel Sri. Chand Pasha. Learned SPP-II is present

physically.

2. Learned counsel for appellant has filed a memo

seeking withdrawal of the appeal. It is stated in the memo

that the appellant pleaded guilty by filing an application

before the trial Court and the same is accepted by the trial

Court after order passed by this Court in W.P. No.

16629/2022 dated 13.02.2023. The appellant - accused

has completed his sentence and is released from

incarceration. Therefore, this appeal has become

infructuous.

NC: 2023:KHC:27455-DB CRL.A No. 1939 of 2022

3. Memo is placed on record. Consequently learned

counsel for appellant is permitted to withdraw the appeal.

4. Consequent upon disposal of this appeal, I.A. No.

1/2022 filed for condonation of delay in filing the appeal

does not survive for consideration. Accordingly, the same

is also disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

LRS