Kamlesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 10085 MP

                                                                         1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                       BEFORE
                                                      HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                  ON THE 21st OF JULY, 2022

                                                         CRIMINAL APPEAL No. 2647 of 2012

                                               Between:-
                                               KAMLESH S/O DASHRATH NANDANWAR, AGED
                                               ABOUT 32 YEARS, DHEEMRI MOHALLA AZAD
                                               WARD SEONI, DISTT. SEONI (MADHYA
                                               PRADESH)

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

                                               AND

                                               THE STATE OF MADHYA PRADESH TH:P.S.
                                               UGALI, DISTT. SEONI (MADHYA PRADESH)

                                                                                              .....RESPONDENT/STATE
                                               (BY SHRI RAVINDRA RAJPUT, PANEL LAWYER )

                                             Th is appeal coming on for direction this day, th e court passed the
                                       following:
                                                                          ORDER

Report dated 7/7/2022 has been received from Jail Superintendent, District Jail, Seoni according to which appellant Kamlesh has already suffered

the entire jail sentence and he has been released from jail on 30/4/2016 after taking benefit of remission.

This appeal has been preferred by the appellant against the judgment dated 18/10/2012 passed by Sessions Judge, Seoni in S.T. No.25/2012, whereby learned Sessions Judge found the appellant guilty for the offence Signature Not Verified SAN punishable under Section 376 (2) Chh rad with Section 511 of the IPC and Digitally signed by MONIKA CHOURASIA Date: 2022.07.21 15:34:42 IST sentenced him to undergo R.I. for five years with fine of Rs.500/- with default

stipulation.

A s per report dated 07/07/2022 received from Jail Superintendent, District Jail, Seoni appellant Kamlesh has already suffered the entire jail sentence and he has been released from jail on 30/4/2016 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.

C.C.as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.07.21 15:34:42 IST