The special leave appeal was dismissed as infructuous because the appellant had already completed his sentence of rigorous imprisonment and simple imprisonment for default of fine. No appearance was made by the appellant.
Disposed of as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1345 of 2017
Arising Out of PS. Case No.-339 Year-2007 Thana- KHAGARIA District- Khagaria
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Chandradeo Singh @ Langra son of Baldeo Singh, resident of VillageSauraydih, Police Station- Muffasil, District- Khagaria.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : None. For the Respondent/s : Mr. Sri Shyed Ashfaque Ahmad, APP.
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT
Date : 17-01-2023
No one appears on behalf of the appellant to press this appeal when the appeal is called out while learned APP Mr. Sri Shyed Ashfaque Ahmad appearing for the State is present.
From the perusal of the record, it appears that the appellant was held to be guilty for the offence under Section 376 read with 511 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for three years and six months along with a fine of rupees one thousand and in default of the payment of fine he was further directed to undergo simple imprisonment of six months.
Vide order dated 17.10.2022 the report has been called for from the convicting learned Trial Court about the status of the appellant whether he is in custody or not and accordingly the said report has been received vide letter no. 208/2022 dated 02.11.2022
Patna High Court CR. APP (SJ) No.1345 of 2017 dt.17-01-2023 2/2
sent by Additional District & Sessions Judge-1st , Khagaria enclosed with the report of the Jail Superintendent of Khagaria Jail. From these reports, it appears that the appellant has completed the punishment of imprisonment and also has undergone the period of six months of Simple Imprisonment in default of payment of the fine and accordingly he has completed the sentences of both the type awarded upon him. As no one appears on behalf of the appellant which shows that the appellant has lost interest in this appeal on account of having served the total punishment and hence, this appeal has now become infructuous. So, it stands disposed of being infructuous.
(Shailendra Singh, J.)
annu/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 02.02.2023 |
| Transmission Date | 02.02.2023 |
ChandraDeo Singh @ Langra
The State Of Bihar
Shailendra Singh
As recorded by the court registry
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