Narbadlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 9468 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. 280 of 2006

                                               Between:-
                                               NARBADLAL S/O TIWARILAL GOND, AGED
                                               ABOUT 25 YEARS, DAMAN KHAMARIYA, P.S.
                                               CHARGAWAN, DISTT. JABALPUR (MADHYA
                                               PRADESH)

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

                                               AND

                                               THE STATE OF MADHYA PRADESH P.S.
                                               CHARGAWAN, DISTRICT JABALPUR (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 22/6/2022 has been received from Sub Jail Superintendent,

Central Jail, Jabalpur, according to which accused/appellant Narbadlal has already suffered the entire jail sentence and he has been released from jail on 10/6/2011.

This appeal has been preferred by the appellant against the judgment dated 20/1/2006 passed by IVth Additional Sessions Judge, Jabalpur in S.T. No.422/2004, whereby the learned Additional Sessions Judge found the Signature Not Verified SAN

appellant guilty for the offence punishable under Sections 366 and 376(1) of the Digitally signed by MONIKA CHOURASIA Date: 2022.07.13 16:50:00 IST

IPC and sentenced him to undergo R.I. for five years with fine of Rs.5000/- and

ten years with fine of Rs.10,000/- with default stipulation.

A s per report dated 22/6/2022 received from Sub Jail Superintendent, Central Jail, Jabalpur, appellant Narbadlal has already suffered the entire jail sentence and he has been released from jail on 10/6/2011 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 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