Learned counsel for the applicants submits that the applicants were convicted and sentenced with two years simple imprisonment and Rs. 2000/- fine to each of them under Sections 332 and 353 IPC and in default of fine, two months additional imprisonment to each of them by means of the judgment and order dated 23.09.2013 passed in Case No. 3628 of 2012; State vs. Anil Rastogi and another by the Judicial Magistrate, Court No. 36, Lucknow. He further submits that it was also provided in the impugned order that all the sentences shall run concurrently. He further submits that the applicants challenged the said judgment in Criminal Appeal No. 97 of 2014 in which the applicants were granted bail, however, they were already in jail in connection with other case, in which the applicants were sentenced life imprisonment. He next submits that in the said case, conviction and sentence have been set aside and the applicants have been released on bail. However, the applicants have served out the sentence and deposited the fine in compliance of the aforesaid judgment and order dated 23.09.2013 and released from jail on 04.11.2016, details of which are annexed on Page Nos. 54 an 62 given under Right to Information Act. He further submits that in the other case, in which the applicants were sentenced with life imprisonment, they were released on bail in 2018. In the meantime, on account of non appearance of the applicants, non bailable warrants have been issued in the aforesaid appeal filed by the applicants. He further submits that since the applicants have already been served out the sentence, therefore, they did not want to pursue the appeal but in view of the non bailable warrant, there are not in a position to appear before the court concerned because they may be taken into custody even after serving out the sentence. Thus, learned counsel for the applicants prays for setting aside the proceedings of the criminal appeal along with the order by
