The Court dismissed a criminal appeal filed against an impugned order granting probation. Counsel argued the six-month period had expired without violation reports, rendering the appeal infructuous due to the passage of time.
Dismissing the criminal appeal as infructuous due to efflux of time.
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Court No. - 83
Case :- CRIMINAL APPEAL No. - 381 of 1991
Appellant :- Satya Narain Respondent :- State of U.P. Counsel for Appellant :- S.P. Pandey,Ram Kishore Pandey Counsel for Respondent :- A.G.A
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the appellant.
This appeal has been filed against the judgement and order dated 19.1.1991 passed by Sri A. P. Singh, Additional Sessions Judge, Karvi, Banda in Sessions Trial No. 90 of 1988 convicting the appellant Ramesh under Section 324 IPC and sentencing him to undergo the rigorous imprisonment for one year and convicting the appellants Satya Narain and Monoj under Section 324 IPC readwith section 34 IPC and sentencing them to under go the rigorous imprisonment or one year, but instead of undergoing imprisonment immediately directing all the appellants to observe good conduct and keep peace for six months and directing them to be release on furnishing the personal bond of Rs. 15,00/- and two separate sureties of like amount on the condition that if they violate the conditions imposed by the court they will surrender before the court to undergo the aforementioned sentences.
Learned counsel for the appellant submitted that the six months had already expired on 18.7.1991 and there is no any report of trial court regarding the report of violation of order dated 19.1.2019. Consequently, this appeal has become infructuous due to efflux of time, hence, the same may be dismissed as infructuous.
The appeal is, accordingly, dismissed as infructuous .
Order of this Court be transmitted to the lower court along with the lower court record for necessary compliance.
Order Date :- 29.1.2020 Ankita
1 issue framed by the court
Whether the criminal appeal becomes infructuous due to efflux of time exceeding the six-month probation period.
Satya Narain
State of U.P.
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
