Devi Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9773 MP

                                                                     1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                 HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                             ON THE 15th OF JULY, 2022

                                                    CRIMINAL APPEAL No. 2234 of 2012

                                          Between:-
                                          DEVI SINGH S/O GIRDHARILAL BALAI, AGED
                                          ABOUT 36 YEARS, R/O DEVLI P.S. BARODIYA,
                                          DISTRICT SAJAPUR (MADHYA PRADESH)

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

                                          AND

                                          THE STATE OF MADHYA PRADESH TH: P.S.
                                          CHICHOLI  DISTRICT BETUL   (MADHYA
                                          PRADESH)

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

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

Report dated 30/06/2022 has been received from Jail Superintendent, District Jail, Betul, according to which appellant Devi Singh has already suffered

the entire jail sentence and he has been released from jail on 27/01/2015 after taking benefit of remission.

This appeal has been preferred by the appellant against the judgment dated 06/09/2012 passed by Additional Sessions Judge, Betul in S.T. No.52/2011, whereby learned Sessions Judge found the appellant guilty for the Signature Not Verified SAN offence punishable under Sections 366, 368 of the IPC and sentenced him to Digitally signed by ANURAG SONI Date: 2022.07.15 17:13:36 IST undergo R.I. for 5 years with fine of Rs.1,000/- and R.I. for five years with fine

of Rs.1,000/- respectively with default stipulation.

A s per report dated 30/06/2022 received from Jail Superintendent, District Jail, Betul appellant Devi Singh has already suffered the entire jail sentence and he has been released from jail on 27/01/2015 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 as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.07.15 17:13:36 IST