Pradip @ Ashok @ Manoj Subashbhai 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 31.12.2005 passed by the learned Presiding Officer, Fast Track Court No. 10, Surat, in Sessions Case No. 21 of 2005, whereby the learned Sessions Judge has convicted and sentenced the appellant to undergo R.I. for one year and to pay a fine of Rs. 500/ -, in default, further R.I. for fifteen days for the offence punishable u/s 324 read Section 114 of the Indian Penal Code as well as the appellant was ordered to undergo R.I. for three months for the offence punishable u/s 135 of the Bombay Police Act. Learned trial Judge was further pleased to sentence the appellant to undergo R.I. for a period of five years and to pay a fine of Rs. 1000/ -, in default, further R.I. of 1 month for the offence punishable u/s 307 read with 114 of the Indian Penal Code and u/s 135 of the Bombay Police Act, to undergo R.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 31.12.2008 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.