Kopasingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 10354 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                        HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                   ON THE 1st OF AUGUST, 2022

                                           CRIMINAL APPEAL No. 2077 of 2010

                                 Between:-
                                 KOPASINGH S/O BHADU SINGH MADAVI, AGED
                                 ABOUT 50 YEARS, VILL KHAMARIA PS RUP-
                                 JHAR TEH BAIHAR DISTT BALAGHAT (MADHYA
                                 PRADESH)

                                                                                        .....APPELLANT
                                 (NONE FOR THE APPELLANT )

                                 AND

                                 THE STATE OF MADHYA PRADESH P.S. RUP-
                                 JHAR DISTT. BALAGHAT (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                                 (BY SHRI SAURABH SHUKLA - PANEL LAWYER FOR STATE)

                               This appeal coming on for direction on this day, the court passed the
                         following:
                                                              ORDER

R e p o r t dated 15/07/2022 has been received from Deputy Jail Superintendent, Sub Jail Baihar, District Balaghat according to which appellant

Kopasingh has already suffered the entire jail sentence and he has been released from jail on 23/07/2013 after taking benefit of remission.

This appeal has been preferred by the appellant against the judgment dated 23/07/2010 passed by 1st Additional Sessions Judge, District Balaghat in S.T. No.32/2010, whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Section 304(2) of IPC and section 323/34 (on two counts) of IPC and sentenced him to undergo R.I. for 5 Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 8/1/2022 4:27:24 PM

years with fine of Rs.500/-, R.I for 6 months with fine of Rs.500/- (on two counts) with default stipulation respectively.

A s per report dated 15/07/2022 received from Deputy Jail Superintendent, Sub Jail Baihar, District Balaghat appellant Kopasingh has already suffered the entire jail sentence and he has been released from jail on 23/07/2013 after taking benefit of remission and none is present for the appellant 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.

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 for information and necessary action.

(RAJEEV KUMAR DUBEY) JUDGE tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 8/1/2022 4:27:24 PM