Citation : 2023 Latest Caselaw 22528 MP
Judgement Date : 27 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 27 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1330 of 2013
BETWEEN:-
SAKHARAM S/O SOMJI BORLA, AGED ABOUT 39 YEARS,
OCCUPATION: LABOUR DHULKOT ROAD KHET PAR
THANA BHAGWANPURA DISTRICT KHARGONE
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI HIDAYATULLA KHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH GOVT. THRU.P.S.
RAJENDRA NAGAR DISTRICT-INDORE (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI VIRAJ GODHA, PENAL LAWYER)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Learned counsel for the appellant submits that the appellant has completed his sentence and has been released from jail, hence, this appeal has rendered infructuous.
2. Perusal of order dated 28.07.2014, reveals that in view of statement made by counsel for the appellant, I.A. No. 7207/2013, an application filed under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence, was dismissed as having been rendered infructuous. As per impugned judgment, the appellant remained in custody from 08.09.2010 to 18.12.2021 and
thereafter, on the date of impugned judgment i.e. 12.09.2013, appellant was taken into custody and an application on behalf of appellant, was filed for suspension of sentence.
3. Hence, in view of above, this appeal is dismissed as having been rendered infructuous.
(ACHAL KUMAR PALIWAL) JUDGE Vindesh
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