Citation : 2021 Latest Caselaw 8127 MP
Judgement Date : 2 December, 2021
1 CRA-359-2015
The High Court Of Madhya Pradesh
CRA No. 359 of 2015
(RAJU @ RAJJU SEN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 2-12-2021
None for the appellant.
Shri Sourabh Soni,learned Panel Lawyer for the respondent/State.
I t is seen from the records that is the documents prepared under Section 4 2 8 of the Cr.P.C. dated 19.11.2014, it is pointed out that the appellant was in custody from 04.05.2012 to 19.11.2014 and the judgment of
conviction was passed on 19.11.2014. Appellant has filed application for suspension of sentence seeking bail was already been rejected by this court vide order dated 01.12.2015 and thereafter, on 15.11.2019 as per the paragraph 27 of the judgment, the jail sentence of the appellant is to run concurrently.
Looking to the fact that he has never been enlarged on bail from the year 2012, he must have completed entire jail sentence awarded to him by the learned trial court.
I t is pointed out by the counsel for the State that vide report dated
31.10.2021 the appellant has been convicted in another case in sessions trial no.57/2012 vide judgment dated 13.03.2021 for Life Imprisonment therefore, he is under going remaining part of jail sentence in that case. As far as present case is concerned, as appellant has already undergone the entire conviction period, thus, the appeal does not survive any more.
It is accordingly, dismissed being rendered infructuous. The jail authorities are directed to verify the aforesaid aspect and also whether the fine amount is deposited by the appellant or not.
With the aforesaid observations, the appeal is disposed of.
(VISHAL MISHRA) JUDGE
Sha Signature Not Verified SAN
Digitally signed by SHALINI LANDGE Date: 2021.12.03 10:01:23 IST
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