Ramprasad v. State Of Chhattisgarah

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CR.A. No. 71 of 2011 Ramprasad, S/o. Devchand Kawar, aged about 48 years, R/o. Village-Toni, Police Station - Rajpur, District - Sarguja (C.G.) .........Appellant

Versus

State of Chhattisgarh, Through : Police Station - Rajpur, District - Sarguja (C.G.) .....Respondent 16/09/2017 Mr. Ravi Maheshwari, counsel for the appellant. Mr. M. Asha, Panel Lawyer for the State.

Heard.

Counsel for the appellant submits that appellant was convicted for the offence under Section 307 of Indian Penal Code and sentenced to under go R.I. for 7 years with fine of Rs.500/- by judgment dated 30.11.2000, passed in S.T. No.283/2007, by the Third Additional Sessions Judge (F.T.C.), Sarguja, District - Sarguja (C.G.). He remained in custody till the date of disposal of trial by the trial Court on 30.11.2010. Thereafter, appeal was preferred and although the application for suspension of sentence and grant of bail was filed but was dismissed as not pressed on 14.06.2011. Hence, under these circumstances, it is apparently clear that appellant has served out the complete sentence awarded to him by the trial Court and for these reasons, this appeal appears to have become

infructuous.

Counsel for the State submits that substantive sentence awarded to the appellant was of 7 years and the sentence must have been completed some time in the year 2014. Hence, clearly it is a infructuous case on the basis of submissions made by the counsel for the appellant and the State.

Accordingly, this appeal is dismissed has having become infructuous.

Sd/- (Rajendra Chandra Singh Samant) Judge balram