Kesar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8689 MP

                                                                         1                              CRA-2328-2012
                                          The High Court Of Madhya Pradesh
                                                   CRA No. 2328 of 2012
                                                         (KESAR SINGH Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 13-12-2021
                                         None for the appellant.

                                         Shri Sunil Gupta, learned P.L. for the respondent-State.

Report dated 06/12/2021 has been received from District Jail, Raisen, according to which accused/appellant Kesar Singh has already suffered the entire jail sentence and he has been released from jail on 24/08/2019.

I n the absence of learned counsel for the appellant, the matter is considered on the basis of aforesaid report received from Deputy Jail Superintendent, Raisen.

This appeal has been preferred by the appellant against the judgment dated 28/09/2012 passed by Special Judge (NDPS Act), Raisen in Special Case no.2/2009, whereby the learned Special Judge found the appellant guilty for the offence punishable under Section 8/20(B)(II)(C) of the NDPS Act and sentenced him to undergo R.I. for ten years with fine of Rs.1,00,000/- with default stipulation.

A s per report dated 06/12/20211 received from Deputy Jail Superintendent, District Jail, Raisen appellant Keshar Singh has already suffered the entire jail sentence and he has been released from jail on 24/08/2019 after taking benefit of remission and none is present for the applicant to argue the matter.

I n 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.

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  SAN




Digitally signed by ANURAG SONI
Date: 2021.12.15 17:08:48 IST
                                                                    2                              CRA-2328-2012

Accordingly, this appeal is dismissed as having been rendered infructuous.

A copy of this order be sent to the concerned jail authorities as well as to the concerned trial Court alongwith the record for information and necessary action.

C.C.as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

as

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Digitally signed by ANURAG SONI Date: 2021.12.15 17:08:48 IST