Bhuwan Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 315 of 2008 Bhuwan Sahu S/o Khedu Sahu Aged about - 28 Village, Krishna Nagar Police Station - Gurhiyari, District - Raipur (C.G.) ---- Appellant

Versus

State of Chhattisgarh, Through : the Police Station-Gurhiyari Raipur (C.G.) ---- Respondent For Appellant :

Ms. Purnima Singh, Advocate For State:

Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 20.06.2016 1.

The present Appellant has been convicted for the offence punishable under Section 304 (Part-II) of the Indian Panel Code and sentenced to R.I. for 4 years.

2.

The bail application of the Appellant was allowed on 16.04.2008. However, there is no further report whether the Appellant had in fact furnished bail bond or not as there is a default on part of the Appellant in appearing before the Registry of this Court on a date provided for his appearance.

3.

On a query being put to the learned State Counsel on 17.06.2016, she has obtained a report from the Jail Superintend, Raipur on 20.06.2016 which is taken on record giving the information that the Appellant had not been released on bail but he has already completed

his entire jail sentence of 4 years and has been released on 31.10.2009 on completion of sentence.

4.

Learned Counsel for the Appellant on the basis of the report shown makes a submission that the Appellant having already undergone entire sentence hence she makes a submission that she does not intend to pursue this appeal any further. She also makes a submission that even after release from the jail in the year 2009, the Appellant has never tried to contact her on whether the appeal is to be pursued further or not.

5.

In the light of the submissions made by the Counsel for the Appellant, the instant appeal at this juncture has become infructuous. 6.

Accordingly, the present Criminal Appeal is dismissed having become infructuous.

Sd/- (P. Sam Koshy) JUDGE kishore