In a criminal appeal filed against conviction and sentence under Section 324 IPC, the High Court dismissed the appeal as infructuous because the appellant had already served his entire jail term prior to filing the appeal, rendering further consideration obsolete.
The appeal is dismissed as having become infructuous.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No.552 of 2002
Janohar Prasad S/o Bhagbhathia Chouhan, R/o Village Mouhadoda P.S. Sarangarh, District Raigarh (CG).
---- Appellant
Versus
State of Chhattisgarh, through Police Station, Sarangarh, Distt. Raigarh (CG).
---- Respondent For Appellant : None For respondent/State : Shri Shashank Thakur, Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy
Judgment on Board
24.03.2018
1. The appellant stands convicted for the offence punishable under Section 324 IPC and have been sentenced to undergo RI for 6 months with default stipulation, vide judgment dated 08.02.2002 passed by the IIIrd Additional Sessions Judge (FTC), Raigarh, in Sessions Trial No.205 of 2001.
2. The judgment of conviction dated 08.02.2002 was subjected to challenge by way of present appeal which was filed on 10.05.2002. The appeal came up for hearing before the court for consideration on suspension of sentence and grant of bail on 27.11.2002. The records shows that before the matter came up for hearing on suspension of sentence, the appellant had already undergone the entire substantive sentence of six months and he stood released on 15.02.2002 i.e. even before filing of the present appeal.
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3. In view of the aforesaid factual matrix of the case, since the appellant has already undergone the entire substantive sentence before filing of the appeal, this court is of the opinion that nothing further remains to be considered in this case. Nor has the appellant showing any keen interest in pursuing the appeal as there is no representation on his behalf inspite of being out of jail. The appeal thus, by efflux of time has now become infructuous.
4. Accordingly, the appeal is dismissed as having become infructuous.
Sd/(P.Sam Koshy) Judge
inder
1 issue framed by the court
Whether the criminal appeal deserves to be heard when the appellant had already completed his sentence before filing the appeal.
1 provisions across 1 enactments
Janohar Prasad S/o Bhagbhathia Chouhan
State of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
