Anil vs The State Of Madhya Pradesh
2022 Latest Caselaw 9596 MP

                                                                      1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                   BEFORE
                                                  HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                              ON THE 13th OF JULY, 2022

                                                     CRIMINAL APPEAL No. 1941 of 2007

                                           Between:-
                                   1.      ANIL S/O S/O ASHOK RATHOR , AGED ABOUT 18
                                           Y E A R S , NEAR DINESH KIRANA STORE
                                           JAHAGIRABAD BHOPAL (MADHYA PRADESH)

                                   2.      ANIL CHIRATAS/O MOHAN YADAV , AGED
                                           ABOUT       20     YEARS, R/O   JHUGGI
                                           BHEMNAGAR,NEAR      MANOJ     BANGALI'S
                                           JHUGGI ,BHOPAL (MADHYA PRADESH)

                                                                                                   .....APPELLANTs
                                           NONE FOR THE APPELLANTS

                                           AND

                                           THE STATE OF MADHYA PRADESH (MADHYA
                                           PRADESH)

                                                                                                 .....RESPONDENTS
                                           ( SHRI AMIT KUMAR PANDEY, LEARNED P.L. FOR THE
                                           RESPONDENT /STATE )

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

Report dated 15.06.2021 and 07.01.2022 have been received from Jail Superintendent, Central Jail, Bhopal and Sub- Jail Superintendent, Central Jail Jabalpur according to which appellant No.1 Anil S/O Ashok Rathore has already suffered the entire jail sentence and he has been released from jail on 22.10.2010 after taking benefit of remission while and appellant No.2Anil Signature Not Verified SAN

Chirata S/O Mohan Yadav has already suffered the entire jail sentence and he Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.07.13 17:42:19 IST has been released from jail on 20.02.2016 after taking benefit of remission.

This appeal has been preferred by the appellants against the judgment dated 05 September, 2007 passed by XIth Additional Sessions Judge ( Fast Track Court), Bhopal in S.T. No.89/2007, whereby the learned Additional Sessions Judge found the appellants guilty for the offence punishable under Section 394 r/w section 397 of the IPC and sentenced each of them to undergo R.I. for seven years with fine of Rs.500/- with default stipulation.

As per report dated 15.06.2021 and 07.01.2022 have been received from Jail Superintendent, Central Jail, Bhopal and Sub- Jail Superintendent, Central Jail Jabalpur according to which appellant No.1 Anil S/O Ashok Rathore has already suffered the entire jail sentence and he has been released from jail on

22.10.2010 after taking benefit of remission while and appellant No.2Anil Chirata S/O Mohan Yadav has already suffered the entire jail sentence and he has been released from jail on 20.02.2016 after taking benefit of remission and none is present for the appellants 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 appellants have 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

Signature Not Verified infructuous.

SAN

Digitally signed by NAVEEN KUMAR A copy of this order be sent to the concerned jail authorities as well as to SARATHE Date: 2022.07.13 17:42:19 IST

the concerned trial Court for information and necessary action.

C.C.as per rules.

(RAJEEV KUMAR DUBEY) JUDGE sarathe

Signature Not Verified SAN

Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.07.13 17:42:19 IST