Komal Prasad Debey vs The State Of Madhya Pradesh
2022 Latest Caselaw 2139 MP

                                                                           1
                                            IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                          BEFORE
                                                         HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                 ON THE 16th OF FEBRUARY, 2022

                                                              CRIMINAL APPEAL No. 708 of 2013

                                                Between:-
                                                KOMAL PRASAD DUBEY S/O RAMESH PRASAD
                                                DUBEY , AGED ABOUT 36 YEARS, BARETHA ROAD
                                                DHARMKANTA      GANJ    BASODA    (MADHYA
                                                PRADESH)

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

                                                AND

                                                THE STATE OF MADHYA PRADESH THR. ARAKSHI
                                                KENDRA G.R.P., BHOPAL (MADHYA PRADESH)

                                                                                                .....RESPONDENT/STATE
                                                (BY SHRI SUNIL GUPTA, PANEL LAWYER)

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

Report dated 24/11/2021 has been received from Sub Jail, Ganj Basoda, Distt. Vidisha, according to which accused/appellant Komal Prasad Dubey has

already suffered the entire jail sentence and he has been released from jail on 7/6/2017.

This appeal has been preferred by the appellant against the judgment dated 8/2/2013 passed by Special Judge under (the NDPS Act), Bhopal in Special Case No.09/2012, whereby the learned Special Judge found the appellant guilty for the offence punishable under Section 8(C) r/w Section 20-B(II)(B) of the NDPS Act and sentenced him to undergo R.I. for five years with fine of Rs.50,000/- with default stipulation.

As per report dated 24/11/2021 received from Sub Jail, Ganj Basoda, Distt. Vidisha, appellant Komal Prasad Dubey has already suffered the entire jail sentence and he has been released from jail on 7/6/2017 and none is present for the appellant to argue the matter.

Signature Not Verified SAN

In the aforesaid circumstances, no useful purpose will be served by entering Digitally signed by MONIKA CHOURASIA Date: 2022.02.17 16:47:52 IST

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.

C.C.as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.02.17 16:47:52 IST