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Patna High CourtCR. APP (SJ)/88/2009disposed

Ashok Pandey v. The State Of Bihar

2017-09-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.88 of 2009 ====================================================== Ashok Pandey, son of Binda Bihari Pandey, Resident of village- Bisunpur, P.S. Paroo, District- Muzaffarpur ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arun Kumar Tripathi, Amicus Curiae For the Respondent/s :

Smt. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 16-09-2017 Challenging his conviction and sentence to undergo 1 year's rigorous imprisonment for the offence under Section 366A of I.P.C. and rigorous imprisonment for 7 years for the offence under Section 363 of I.P.C., both sentences directed to run concurrently, this appeal has been filed. On perusal of the records, it is seen that the appellant was in custody throughout the trial. The offence was committed on 19th of February, 2004 i.e. more than 13 years back and the appellant has all along been in custody and he was never granted bail and even during the pendency of this appeal, the bail application of the appellant was rejected on 26.2.2009. It seems that the appellant would have by now undergone the entire jail sentence and would have been

Patna High Court CR. APP (SJ) No.88 of 2009 dt.16-09-2017 2/2 released. If not already released, the appellant be released forthwith if not required in any other case.

This appeal stands disposed of as having been rendered infructuous as the appellant has already undergone the entire jail sentence.

(Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 20.9.2017 Transmission Date 20.9.2017