Krishnakant vs The State Of Madhya Pradesh
2024 Latest Caselaw 5669 MP

Madhya Pradesh High Court

Krishnakant vs The State Of Madhya Pradesh on 23 February, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                              1


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
    HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
             ON THE 23rd OF FEBRUARY, 2024
            MISC. CRIMINAL CASE No. 55225 of 2021

BETWEEN:-

KRISHNAKANT S/O KANHAIYA LAL TAMRAKAR,
AGED ABOUT 36 YEARS, R/O VILLAGE
HINDORIYA P.S. HINDORIYA DISTRICT DAMOH
(MADHYA PRADESH)
                                                      .....PETITIONER
(NONE )

AND

THE STATE OF MADHYA PRADESH THR. P.S.
HINDORIYA DISTRICT DAMOH (MADHYA
PRADESH)
                                                     .....RESPONDENT
(BY SHRI K. S. BAGHEL - GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court
passed the following:
                              ORDER

1. This application under Section 482 of Cr.P.C. has been filed for restoration of Criminal Appeal No.1939/2009 which was dismissed on the ground that the appeal has rendered infructuous as the applicant has already suffered and completed the jail sentence awarded by First Additional Session Judge, Sagar in ST No. 210/04.

2. It is well established principle of law that even if an accused has completed jail sentence, still that would not render the appeal infructuous. Accordingly, the dismissal of appeal as infructuous is not in accordance with law.

3. Furthermore, it is the stand of the applicant that he was convicted for offence under Section 302 of IPC and was sentenced to undergo life imprisonment and since that sentence was already going on, therefore, the sentence awarded in the present case would start after the life imprisonment awarded to the applicant in the previously pronounced judgment is over. Thus, the appeal had not rendered infructuous.

4. Considering the fact that the appeal can never be dismissed as infructuous even on completion of jail sentence, this Court is of the considered opinion that an arguable case has been made out for restoration of Criminal Appeal No.1939/2009.

5. Accordingly, the application is allowed. Criminal Appeal No. 1939/2009 is restored to its original number.

(G.S. AHLUWALIA) JUDGE

JP KUMAR JITENDRA

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH

2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f6

PAROUHA 4a5a, postalCode=482001, st=Madhya Pradesh, serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF104 02B19143AD99, cn=JITENDRA KUMAR PAROUHA Date: 2024.02.23 04:06:36 -08'00'