The High Court held the criminal appeal infructuous as the appellant had already served the sentence and was released in 2009. The appeal stands disposed of.
The appeal stands disposed of as it has become infructuous.
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Criminal (Jail) Appeal (SJ) No. 390 of 2006
(Against the judgment of conviction dated 08.12.2005 and order of sentence dated 09.12.2005 passed by Sri. Sudhir Kumar Sinha, 3rd Addl. District & Sessions Judge, (F.T.C.) Dumka in Sessions Case No.165 of 2004.
Jaleshwar Kole … Appellant
Versus
The State of Jharkhand … Respondent --For the Appellant :None For the State :Ms. Niki Sinha, A.P. P.
The matter was taken up through Video Conferencing. Learned counsel for the State had no objection with it and submitted that the audio and video qualities are good
PRESENT
HON’BLE MR. JUSTICE RAJESH KUMAR
This appeal is directed against the judgment of conviction dated 08.12.2005 and order of sentence dated 09.12.2005 passed by Sri. Sudhir Kumar Sinha, 3rd Addl. District & Sessions Judge, (F.T.C.) Dumka in Sessions Case No.165 of 2004 whereby and whereunder the appellant has been convicted for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo R.I. for seven years.
Nobody appears on behalf of the appellant. However, learned counsel for the State is present.
On 16.12.2019, a report has been called for from the Superintendent, Central Jail, Dumka regarding the status of the appellant.
As per report dated 04.01.2020 of the Superintendent, Central Jail, Dumka, it appears that the appellant has already served actual period of conviction i.e. 5 years and 7 days and also earned remission. After serving the period of sentence, he has been released from the prison on 01.01.2009.
In view of the above fact, the present appeal has become infructuous. Accordingly, the appeal stands disposed of.
(Rajesh Kumar, J)
Jharkhand High Court at Ranchi The 12th March, 2021
Shahid/N.A.F.R./
Jaleshwar Kole
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
