Citation : 2021 Latest Caselaw 7526 MP
Judgement Date : 17 November, 2021
1 CRA-857-2014
The High Court Of Madhya Pradesh
CRA No. 857 of 2014
(INDRESH @ SHANKAR @ SALEEM Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 17-11-2021
Ms. Sushila Paliwal, learned Amicus Curiae for appellant.
Shri Pradeep Dwivedi, learned P.L. for the respondent-State.
This appeal has been preferred by the appellant against the judgment dated 24/01/2014 passed by III Additional Sessions Judge to the Court of I Additional Sessions Judge, Bhopal in S.T. No.804/2012, whereby the learned
Additional Sessions Judge found the appellant guilty for the offence punishable under Section 326 of the IPC and sentenced him to undergo R.I. for ten years with fine of Rs.2,000/- with default stipulation.
As per report dated 04/10/2021 received from Central Jail, Bhopal present appellant Indresh @ Shankar @ Saleem has already suffered the entire jail sentence and he has been released from jail on 20/04/2021 after taking benefit of remission.
Keeping in view of the aforesaid report, learned counsel for the State submitted that this appeal may be treated as infructuous and may be disposed
of accordingly as appellant do not wish to contest the appeal.
Ms. Sushila Paliwal, Amicus Curiae submitted that she is not in contact with the appellant.
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.
Accordingly, this appeal is dismissed as having been rendered Signature Not Verified SAN infructuous.
Digitally signed by ANURAG SONI Date: 2021.11.17 16:23:43 IST 2 CRA-857-2014 A copy of this order be sent to the concerned jail authorities as well as to the concerned trial Court 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: 2021.11.17 16:23:43 IST
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