WPCRL/2251/2021
2025 Latest Caselaw 1889 UK

Uttarakhand High Court

WPCRL/2251/2021 on 12 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPCRL No.2251 of 2021
                                  Hon'ble Pankaj Purohit, J.

Mr. Vishwasth Kandpal, Amicus Curiae, for the petitioner.

2. Mr. B.C. Joshi, A.G.A. for the State.

3. This writ petition has been filed by the petitioner from jail through Superintendent of District Jail, Haridwar.

4. The petitioner was convicted by learned Chief Judicial Magistrate vide judgment and order dated 22.09.2010, Criminal Case No.1503 of 2010, State Vs. Sarfaraz @ Pappu under Section 25 of Arms Act, 1959, and sentenced one and half years imprisonment and a fine of ₹5,000/- with default stipulation of one month additional simple imprisonment and further he was convicted by the learned Chief Judicial Magistrate, Haridwar on 22.09.2010 in Criminal Case No.4281 of 2008, State Vs. Sarfaraz @ Pappu and others, wherein the petitioner was convicted under Sections 392 and 411 of IPC and was sentenced three years imprisonment and a fine of ₹5,000/- with default stipulation and one month additional simple imprisonment under Section 392 of IPC and two years imprisonment, a fine of ₹5,000/-, per month, with default stipulation of one month additional imprisonment under Section 411 of IPC.

5. This writ petition has been filed by the petitioner with a prayer that both the sentences awarded to him - Criminal Case Nos. 1503 of 2010 and 4281 of 2008 - shall run concurrently.

6. On the said writ petition, State was granted four weeks' time to file counter affidavit.

7. Counter affidavit was filed by the State on 21.07.2025 and in para no.3 of the said counter affidavit, it has been stated that the petitioner has served out the sentence awarded and deposited the fine imposed upon him and thereafter he has been released from jail by the jail authorities on 01.10.2022.

8. A report of Senior Superintendent of District Jail, Haridwar dated 19.07.2025 has been enclosed as Annexure no.1 to the counter affidavit.

9. Since the petitioner has already served out the sentence awarded to him, in both the Criminal Case Nos. 1503 of 2010 and 4281 of 2008; therefore this writ petition has rendered infructuous and the same is dismissed as such.

(Pankaj Purohit, J.) 12.08.2025 SK