Citation : 2025 Latest Caselaw 4503 UK
Judgement Date : 19 September, 2025
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CRJA No.138 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Jitendra Chaudhary, learned amicus curiae for the appellant.
2. Ms. Sweta B. Dobhal, learned Brief Holder for the State.
3. The appellant was convicted by the learned Third Additional District and Sessions Judge, Rudrapur, Udham Singh Nagar by judgment and order dated 12.09.2023 passed in Sessions Trial No.170 of 2019, State vs. Shankar Berman alias Dulal Berman for the offences under Sections 323 and 307 IPC and was sentenced three months rigorous imprisonment under Section 323 IPC and four years rigorous imprisonment with a fine of Rs.10,000/-with default stipulation of 15 days additional imprisonment under Section 307 IPC. The learned trial court directed that all the sentences shall run concurrently and the period spent in jail shall be adjusted during trial.
4. Learned counsel for the appellant submits that the appellant has already served out the sentence awarded to him by the trial court.
5. This Court, on the last date, had orally asked the State to file the report clarifying the fact whether the appellant has served out the sentence imposed upon him or not? Today, learned State Counsel has provided the instructions dated 29.07.2025 which are taken on record.
6. On the basis of above instructions, it is submitted that the appellant is no longer detained in the jail in connection with the aforesaid case and he has already
served out the sentence imposed upon him.
7. In view of the statement given by the learned State Counsel, nothing remains to be done in this appeal. The criminal jail appeal is dismissed as infructuous, accordingly.
(Pankaj Purohit, J.) 19.09.2025 Ravi
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