Munna @ Himanshu Jaswantbhai Parmar vs State of Gujarat

Z.K. Saiyed, J.—The present appellant has preferred this Appeal through the jail against the judgment and order of conviction and sentence dated 7.7.2005 passed by the learned Presiding Officer, Fast Track Court No. 2, Dahod, in Sessions Case No. 18 of 2004, whereby the learned Sessions Judge has convicted and sentenced the appellant along with other accused. The learned Judge was pleased to sentence the appellant to undergo R.I. for seven years for the offence punishable under Sections 376, 504, 506(2), 212 and 114 of the Indian Penal Code and Section 3(1), 11 and 12 of the Atrocity Act and to pay a fine of Rs. 1000/ -, in default, further S.I. for three months.

Being aggrieved and dissatisfied with the aforesaid judgment and order, the present appeal has been preferred by the appellant through the jail.

Today, the matter is taken for final hearing and during the course of hearing, learned APP Mr. H.H. Parikh for the respondent submitted that the present applicant has been released on 19.3.2010 from the jail and therefore, the appeal is now become infructuous. In support of his submission, he has produced jail report, which is ordered to be taken on record. Ms. Kiran Pandey, as amicus curiae, has also agreed with the submission of the learned APP.

In view of the aforesaid statement made by the learned APP and also jail report, the appeal is now become infructuous.

In view of above, the Appeal is disposed as having become infructuous. Record and proceedings to be sent back to the concerned trial Court, forthwith.