The High Court dismissed the criminal appeals as infructuous. An appeal against one appellant abated due to his death while others had served their sentence under the Probation of Offenders Act.
Appeals dismissed as infructuous; one appeal abated due to death of the appellant.
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Court No. - 89
Case :- CRIMINAL APPEAL No. - 5 of 1991
Appellant :- Bharat Yadav Respondent :- State of U.P. Counsel for Appellant :- R N Rai,Chandrahas Singh Gautam Counsel for Respondent :- A G A
Hon'ble Krishan Pahal,J.
Heard Sri Chandrahas Singh Gautam, learned counsel for the appellant and learned A.G.A. for the State.
The present appeal has been filed against the judgement and order dated 21.12.1990 in Sessions Trial No. 431 of 1989 convicting and sentencing the appellants under Section 324/34 IPC.
The appellant was sentenced to one year of probation under the Probation of Offenders Act alongwith a surety of Rs. 2,000/each to the appellants.
In the meantime, as per the report of C.J.M. Ghazipur dated 9.5.2018 the appellant no. 4 Ram Chander Yadava has expired.
In the light of the said report, the appeal regarding appellant no. 4 Ram Chander Yadava stands abated.
The appeal survives with respect to appellant nos. 1, 2 and 3. The appellants have served the said sentence and they have no criminal antecedents during the pendency of the appeal also.
As the sentence awarded under the Probation of Offenders Act has already been served by them, learned counsel for the appellant states that the appeal has become infructuous.
Accordingly, the appeal stands dismissed as infructuous.
Order Date :- 8.9.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.09.09 09:46:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal appeal stands dismissed as infructuous following the expiry of one appellant and the discharge of the sentence under the Probation of Offenders Act.
Bharat Yadav
State of U.P.
Ram Chander Yadava
Appellant nos. 2
Appellant no. 3
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
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