Lachchhim @ Khuti v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRA No. 316 of 2011 Lachchhim @ Khuti S/o Binod @ Khuti, aged about 24 years, Caste Mahra Occupation Labour R/o Akashnagar Fragerpur PS Bodhghat Distt. Bastar (C.G.) ----Appellant

Versus

State Of Chhattisgarh, through Police Station Bodhghat (Jagdalpur), District Bastar (C.G.) ---Respondent 3/07/2017 None for for the appellant.

Shri Suryakant Mishra, PL for the State.

Perusal of the order shows that the appellant was arrested on 19/09/2009 and he was in jail till 23/11/2009. Thereafter, he absconded. He was again arrested on 18/03/2010 till judgement of 25/01/2011. The order sheet of appeal court do not show that jail sentence of the appellant was suspended after appeal was filed. Therefore he is in jail since 18/03/2010 and additionally two months earlier to it. Conviction is RI for 6 years and fine of Rs.10,000/-, in default of payment of fine, one year additional RI has been awarded. Since prima facie it appears that the appellant is in jail since 18/03/2010 and has suffered more than seven years, it appears that he has suffered his jail sentence.

Accordingly, the appeal is dismissed as having become infructuous as it appears the appellant has suffered his jail sentence.

Therefore, the appellant if he is not required in any other case he be released forthwith.

Sd/- (Goutam Bhaduri) JUDGE gouri