Munna vs The State Of Madhya Pradesh
2021 Latest Caselaw 8883 MP

      THE HIGH COURT OF MADHYA PRADESH
                          CRA.312/2019
                   (Munna Vs. State of M.P. )
                                                                  1

Jabalpur, Dated : 15 / 12/ 2021
      None for the appellant.
      Shri Sunil Gupta, learned P.L. for the respondent-State.

Report dated 13.12.2021 has been received from District Jail Tikamgarh, according to which accused/appellant appellant has already suffered the entire jail sentence and he has been released from jail on 05.10.2021.

In the absence of learned counsel for the appellant, the matter is considered on the basis of aforesaid report received from Jail Superintendent, Tikamgarh.

This appeal has been preferred by the appellant against the judgment dated 30.11.2018 passed by Special Judge (NDPS Act), Sagar in Special Case no.04/2012, whereby the learned Special Judge found the appellant guilty for the offence punishable under Section 8/20(a)(I) of the NDPS Act and sentenced him to undergo R.I. for three years with fine of Rs.10,000/- with default stipulation.

As per report dated 13/12/2021 received from Jail Superintendent, District Jail, Tikamgarh appellant Munna has already suffered the entire jail sentence and he has been released from jail on 05.10.2021 after taking benefit of remission.

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 and none is present for the appellant to argue the matter.

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 THE HIGH COURT OF MADHYA PRADESH CRA.312/2019 (Munna Vs. State of M.P. )

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 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)
 sarathe                                                           Judge



Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.12.15
17:06:14 +05'30'