THE HIGH COURT OF MADHYA PRADESH
(Adil @ Naushad Vs. State of M.P.)
Jabalpur, Dated :17.01.2019
None for the appellant.
Shri Y.D. Yadav, G.A. for the respondent / State.
This appeal has been preferred by the appellant against the
judgment dated 24.07.2009 passed by XIX Additional Sessions
Judge, Jabalpur in Sessions Trial No.549/2008, whereby the learned
Sessions Judge has convicted the appellant for the offence under
Section 377 IPC and sentenced him to suffer simple imprisonment of
1 year with fine of RS. 1000/- and under Section 342 of IPC imposed
fine of Rs.1000/-, with default stipulation.
As per the report dated 11/01/2019 received from the
Superintendent, Central Jail, Jabalpur present appellant Adil @
Naushad has already been released from jail on 06.08.2009 after
undergoing the entire jail sentence.
Learned counsel appearing on behalf of the Respondent/State
submitted that in the aforesaid circumstances, this appeal be treated
as infructuous and may be disposed of accordingly.
In the aforesaid circumstances, no useful purpose will be
served by entering into the merits of the case as the appellant has
already been released after undergoing the entire jail sentence.
Therefore, the appeal has become infructuous and may be disposed
of without entering into the merits of the case in view of the law laid
down by the Apex Court in the case of Daya Singh Lohariya Vs.
State of Rajasthan, (2007)5 SCC 366 and by the Jharkhand High
Court in the case of Sarula Munda Vs. State of Bihar, 2011(3)
Cr.L.J. 3639. Accordingly, this appeal is dismissed as having been
A copy of this order be sent to the jail authorities as well as to
the concerned trial court for information and necessary action.
(Rajeev Kumar Dubey)