Citation : 2021 Latest Caselaw 4848 MP
Judgement Date : 31 August, 2021
1 CRA-625-2015
The High Court Of Madhya Pradesh
CRA-625-2015
(GHURAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 31-08-2021
Heard through Video Conferencing.
None for the appellant.
Ms. Priyanka Mishra, Govt. Advocate for the respondent / State.
This appeal has been preferred against the impugned judgment dated 16.12.2014 passed by learned Sixth Additional Sessions Judge, Sagar in S.T.
No.223/13 whereby the appellant has been convicted for offence under Section 304 Part-I of the IPC and sentenced to undergo RI for ten years along with fine of Rs.1000/- with default stipulation as mentioned in the impugned judgment.
From perusal of the record particularly the report dated 22.09.2020 received from the District Jail, Sagar it is found that the appellant has been sent to suffer term of imprisonment since 16.12.2014 and he has not been released on bail by this court. Therefore, it should be presumed that the appellant has completed his entire term of jail sentence and he be released
from jail.
Learned Govt. Advocate appearing for the State submits that in the aforesaid circumstances, this appeal has become infructuous and the same be disposed of.
In the aforesaid circumstances, no useful purpose will be served by entering into the merits of the case as the appellant has already undergone the whole sentence awarded by the trial court. Therefore, it has become infructuous and may be disposed of without entering into the merits of the case as per 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 disposed of accordingly.
2 CRA-625-2015 A copy of this order be sent to the jail authorities as well as to the concerned trial court with record for information and necessary action.
PUD is disposed of.
CC as per rules.
(ARUN KUMAR SHARMA) JUDGE
pn
Signature Not Verified SAN
Digitally signed by PANKAJ NAGLE Date: 2021.08.31 17:57:22 IST
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