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Calcutta High CourtCRA/25/2010dismissed as infructuous

Motin v. State Of West Bengal

2022-11-14Hon'Ble Justice Rai Chattopadhyay2 pages

14.11.2022 Court No.35 Item No. 39 d.g.

CRA 25 of 2010 Motin Vs.

The State of West Bengal Mr. Navanil De.

... For the appellant Mr. N.P. Agarwala, Mr. Pratick Bose.

... for the State The impugned order of conviction and sentence is dated 17th February, 2009 when the Court held the appellant to be guilty of the offence punishable under Section 14A (b) of the Foreigners Act, 1946 and to suffer sentence of rigorous imprisonment for seven years with a further direction to pay a fine of Rs.10,00/-, in default, rigorous imprisonment for further three months.

The appeal has been preferred on the ground, inter alia, of illegality of the said judgment and order of the Trial Court. Much water has already been flown by the river of Ganges and the report submitted on behalf of the Correctional Home authorities as produced in Court today dated 14th November, 2022 shows that the appellant has already been deported to his native country, i.e., Bangladesh, after serving the sentence in full. In such view of the fact, their remains no point in further hearing the appeal and also the appeal becomes infructuous. Hence, CRA 25 of 2010 is dismissed being infructuous. Report be kept with the record.

Parties are granted liberty to obtain server copy of this order, for any future reference, until certified copy of the same is obtained. (Rai Chattopadhyay, J.)