Appeal against conviction under IPC sections for rape related offences. Court noted appellant completed sentence on 25.10.2022; appeal dismissed as infructuous. Order directed immediate release if not warranted in other case.
Appellant directed to be released forthwith from jail unless warranted in any other case.
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Court No. - 87
Case :- CRIMINAL APPEAL No. - 422 of 1989
Appellant :- Kehar Singh And Others Respondent :- State Counsel for Appellant :- R P Agarwal Counsel for Respondent :- SC
Hon'ble Dinesh Kumar Singh,J.
The present appeal under Section 374 Cr.P.C. has been preferred against the judgment and order dated 7.2.1989 passed by learned Additional District and Session Judge, Meerut in Sessions Trial No. 158 of 1982 by the appellants have been convicted under Section 366 and 368 and 376 IPC and sentenced him under Section 366 IPC for three years imprisonment, under Section 368 IPC for one year and under Section 376 for five years rigorous imprisonment. All the sentences were directed to run concurrently.
As per the report of Chief Judicial Magistrate, Meerut, during the pendency of this appeal, the accused applicant was enlarged on bail and he was not appearing this Court. Vide order dated 9.5.2022 a non-bailable warrant was issued. On 26.6.2022 the accused-appellant was taken in custody in compliance of the non-bailable warranted dated
The accused appellant has completed the sentence on 25th October, 2022 but he is still in custody because of non bailable warrant issued by this Court.
Considering the aforesaid report, the appeal is dismissed as infructuous.
Since the accused appellant has completed the sentence, it is directed that he will be released forthwith from jail if he is not warranted in any other case.
[Dinesh Kumar Singh, J.]
Order Date :- 6.1.2023
Kumar Manish.
Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad
4 provisions across 2 enactments
Kehar Singh And Others
State
Dinesh Kumar Singh
Kumar Manish
As recorded by the court registry
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