Bihari Tanti @ Pancha Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.770 of 2017 Arising Out of PS. Case No.-213 Year-2015 Thana- KAHALGAON District- Bhagalpur ====================================================== Bihari Tanti @ Pancha Tanti Son of Late Haggue Tanti Resident of Village - Nadma, Police Station - Khalgaon, District - Bhagalpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Rakesh Kumar Sinha, Advocate For the Respondent/s :

Smt. Abha Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-08-2023

1. Mr. Rakesh Kumar Sinha, learned counsel appearing for the appellant and Smt. Abha Singh, learned APP appearing for the State are present.

2. It is submitted by learned counsel for the appellant that in the present time he has no instruction to argue on behalf of the appellant in the present appeal and moreover the appellant might have completed his sentence of three years of imprisonment awarded upon him under Section 8 of POCSO Act, so the instant appeal has now become infructuous.

3. Heard both the sides.

4. The appellant was sentenced on 15.12.2016 for the offence punishable under Section 8 of the POCSO Act and three years of imprisonment was awarded upon him with fine of Rs.3,000/- in default of payment of the said fine, he was

Patna High Court CR. APP (SJ) No.770 of 2017(8) dt.22-08-2023 2/2 directed to further undergo one month imprisonment. At the time of pronouncement of the judgment by the convicting trial Court, the appellant was in judicial custody and during the pendency of this appeal, he was not granted bail and after passing of the judgment by the trial Court a long period, more than three years has elapsed which is sufficient to show that the appellant has completed the sentence of imprisonment of three years. Accordingly, I find the instant appeal being infructuous. In result, the instant appeal stands disposed of on account of being infructuous.

5. Let the order's copy be sent to the Jail Superintendent concerned, if the appellant is still in judicial custody then he must be released forthwith in connection with the present matter, if his custody is not required in any other case.

(Shailendra Singh, J) sangam/- U T