Manju @ Manoj Katare vs The State Of Madhya Pradesh
2022 Latest Caselaw 9465 MP

                                                                          1

                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR

                                                                       BEFORE
                                                      HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                  ON THE 12th OF JULY, 2022


                                                          CRIMINAL APPEAL No. 868 of 2006

                                               Between:-
                                               MANJU @ MANOJ KATARE S/O PREMLAL
                                               KATARE,   AGED   ABOUT      22   YEARS,
                                               VIL.MALHANWADA,[NARGI], PS.KARELI, DISTT.
                                               NARSINGHPUR (MADHYA PRADESH)

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

                                               AND

                                               THE    STATE   OF    MADHYA  PRADESH
                                               THR.PS.KARELI,    DISTT.  NARSINGHPUR
                                               (MADHYA PRADESH)

                                                                                               .....RESPONDENT/STATE
                                               (BY SHRI AMIT PANDEY, PANEL lAWYER)


                                             T h is appeal coming on for orders this day, t h e cou rt passed the
                                       following:
                                                                            ORDER

Report dated 20/6/2022 has been received from Jail Superintendent, Central Jail, Narsinghpur, according to which accused/appellant Manju alias Manoj has already suffered the entire jail sentence and he has been released from jail on 10/12/2010 after taking benefit of remission.

This appeal has been preferred by the appellant against the judgment Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.07.13 16:50:01 IST dated 21/4/2006 passed by Special Judge (Atrocities) Narsinghpur in Special

Case no.121/2005, whereby the learned Special Judge found the appellant guilty for the offence punishable under Sections 450 and 376 of the IPC and sentenced him to undergo R.I. for three years with fine of Rs.1000/- and ten years with fine of Rs.2000/- with default stipulation.

As per report dated 20/6/2022 received from Jail Superintendent, Central Jail Narsinghpur, appellant Manju alias Manoj has already suffered the entire jail sentence and he has been released from jail on 10/12/2021 after taking benefit of remission and none is present for the appellant to argue the matter.

In 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 reported in (2007)5 SCC 366 and by the Jharkhand High Court in the case of Sarula Munda Vs. State of Bihar reported in 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) Signature Not Verified JUDGE SAN m/-

Digitally signed by MONIKA CHOURASIA Date: 2022.07.13 16:50:01 IST