Sanjay Balmiki @ Sanju vs The State Of Madhya Pradesh
2021 Latest Caselaw 7112 MP

                                                                      1                                   CRA-763-2017
                                          The High Court Of Madhya Pradesh
                                                    CRA No. 763 of 2017
                                                (SANJAY BALMIKI @ SANJU Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 08-11-2021
                                        None for the appellant.

                                        Shri Devendra Shukla, learned P.L. for the respondent-State.

Report dated 09/10/2021 has been received from Central Jail, Jabalpur, according to which accused/appellant Sanjay Balmiki @ Sanju has already suffered the entire jail sentence and he has been released from jail on

06/10/2021.

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, Central Jail, Jabalpur.

This appeal has been preferred by the appellant against the judgment dated 23/12/2016 passed by III Additional Sessions Judge, Jabalpur in S.t.No.600602/2011, whereby the learned ADJ found the appellant guilty for the offence punishable under Section 394/397, 307 of the IPC and sentenced him to undergo R.I. for seven years with fine of Rs.2,000/- and R.I. for seven

years with fine of Rs.2,000/- with default stipulation.

A s per report dated 09/10/2021 received from Deputy Jail Superintendent, Central Jail, Jabalpur appellant Sanjay Balmiki @ Sanju has already suffered the entire jail sentence and he has been released from jail on 06/10/2021 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, Signature Not Verified SAN (2007)5 SCC 366 and by the Jharkhand High Court in the case of Sarula Digitally signed by ANURAG SONI Date: 2021.11.08 17:34:36 IST 2 CRA-763-2017 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) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.11.08 17:34:36 IST