Citation : 2021 Latest Caselaw 4619 MP
Judgement Date : 24 August, 2021
1 CRA-1969-2010
The High Court Of Madhya Pradesh
CRA-1969-2010
(JAMNA PRASAD Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-08-2021
Heard through Video Conferencing.
Ms. Aparna Singh, learned counsel for the appellant.
None for the respondent/State.
This appeal has been preferred by the appellant against the judgment dated 02/08/2010 passed by Sessions Judge, Sehore in S.T.No.29/2010, whereby the learned Sessions Judge convicted the appellant for the offence under Section 307 of
the I.P.C. and sentenced him to suffer R.I. for 5 years with fine of Rs.2,000/- with default stipulation.
As per report dated 19/03/2020 received from Jail Superintendent, Central Jail, Sehore present appellant Jamna Prasad has already suffered the entire jail sentence and he has been released from jail on 31/08/2017 after taking benefit of remission.
Keeping in view of the aforesaid report, learned counsel for the appellant submitted that this appeal be treated as infructuous and may be disposed of accordingly as appellant do not wish to contest the appeal.
In the aforesaid circumstances, no useful purpose will be served by entering
into the merits of the case as the appellant has already been released after undergoing the entire jail sentence.
Therefore, the appeal has become infructuous and may be disposed of without entering into the merits of the case in view of the law laid down by the Apex Court in the case of Daya Singh Lohariya Vs. State of Rajasthan, (2007)5 SCC 366 and by the Jharkhand High Court in the case of Sarula Munda Vs. State of Bihar, 2011(3) Cr.L.J. 3639.
Accordingly, this appeal is dismissed as having been rendered infructuous. A copy of this order be sent to the jail authorities as well as to the concerned trial Court for information and necessary action.
C.C.as per rules.
(RAJEEV KUMAR DUBEY) JUDGE Signature Not Verified SAN
Digitally signed by ANURAG SONI Date: 2021.08.24 17:14:10 IST 2 CRA-1969-2010 as
Signature Not Verified SAN
Digitally signed by ANURAG SONI Date: 2021.08.24 17:14:10 IST
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