Kallu @ Punit vs The State Of Madhya Pradesh
2022 Latest Caselaw 9467 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. 290 of 2006

                                               Between:-
                                               KALLU @ PUNEET S/O FAGULAL GOND, AGED
                                               ABOUT 20 YEARS, GRAM PADARIYA, PS.
                                               BICHHIYA, MANDLA (MADHYA PRADESH)

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

                                               AND

                                               THE STATE OF MADHYA PRADESH THR-PS.
                                               BICHHIYA  DISTT. MANDLA   (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 4/7/2022 has been received from Jail Superintendent, District Jail, Mandla, according to which accused/appellant Kallu alias Puneet

has already suffered the entire jail sentence and he has been released from jail on 27/3/2010 after taking benefit of remission.

This appeal has been preferred by the appellant against the judgment dated 30/1/2006 passed by Sessions Judge, Mandla in S.T. No.62/2005, whereby the learned Sessions Judge found the appellant guilty for the offence Signature Not Verified SAN punishable under Section 376(1) of the IPC and sentenced him to undergo R.I. Digitally signed by MONIKA CHOURASIA Date: 2022.07.13 16:50:00 IST for seven years with fine of Rs.500/- with default stipulation.

As per report dated 4/7/2022 received from Jail Superintendent, District Jail Mandla, appellant Kallu alias Puneet has already suffered the entire jail sentence and he has been released from jail on 27/3/2010 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) JUDGE m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.07.13 16:50:00 IST