The criminal appeal was dismissed. The appellant had served the sentence awarded for Section 376 IPC and was released. Both counsel agreed the appeal lacked merit and asked for its dismissal on that ground.
The criminal appeal was dismissed on the ground that the appellant had served the sentence.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 1197 of 2006
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR
-------: For the Appellant Mr. D.K. Chakraverty, Advocate For the Respondent : Mr. Bishwambhar Shastri, A.P.P. --------
Order No. 08: Dated: 22nd April, 2022
Mr. D.K. Chakraverty, learned defence counsel appearing on behalf of the appellant.
Mr. Bishwambhar Shastri, learned A.P.P. is present on behalf of the State.
From the perusal of the report, it is found that on the earlier occasion vide order dated 20.11.2018, a report was called for from the concerned jail about the report as to whether the appellant has served the sentence and has been released after serving the sentence from the jail or not.
It appears from the record that the said report has been received which is available on record at Flag “A”. From the perusal of the report, it appears that the report has been received from the court of Additional Sessions Judge- I, Simdega by which it appears that the sole appellant has been released on 24.10.2009 after completing sentence as awarded by the learned court below. It appears from the record that the sole appellant was convicted for the offence punishable under Section 376 of the Indian Penal Code and he was sentenced to undergo R.I. for 5 years, his bail was rejected by this Court also and now the report has been received that the sole appellant has served the entire sentence awarded by the learned court below and after serving the sentence he has been released.
Learned counsel appearing on behalf of the appellant submitted that in view of the report received from the Additional Sessions Judge, I, Simdega that the sole appellant has served the sentence, he does not want to argue the case on merit and has submitted that let this case be dismissed.
Learned A.P.P. appearing on behalf of the State has also fairly submitted that since the appellant has already served the sentence, he does not want to argue this case on merit, let the appeal be dismissed.
Having taken into consideration the aforesaid submissions and the facts, this appeal is dismissed.
(Navneet Kumar, J.)
MM
D.K. Chakraverty
State of Jharkhand
Navneet Kumar
As recorded by the court registry
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