Raju vs The State

Servesh Kumar Gupta, J.—Case called out. None is present on behalf of the Appellant even in the revised call, though Mr. M.A. Khan, Brief Holder for the State is present.

This appeal by convict-accused Raju was preferred in the Allahabad High Court challenging the judgment and order dated 3.4.2000 passed by the Sessions Judge, Tehri Garhwal in S.T. No. 10 of 1996. In the said judgment, he was convicted for a period of seven years'' R.I. along with fine of Rs. 5,000/-. In default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of three months.

The incident of this case is of 25.3.1996. Soon after the incident, he was arrested. During trial, he was never granted bail, as appears from the last line of the impugned judgment as well as from the order dated 17.5.2000 passed by the Allahabad High Court. His bail application was moved in the Hon''ble High Court of Allahabad on 17.5.2000 which was never disposed of due to the want of record. After that the appeal was transferred to this Court and No. order is available in the order sheet in order to show that he was ever granted bail by this Court. Meaning thereby that this convict Raju remained in jail ever since his arrest in the early 1996. So, he must have completed the entire sentence which was awarded to him by the learned Sessions Judge as well as the period which he was asked to undergo in default of payment of fine. Therefore, the appeal has now been rendered infructuous and is liable to be dismissed as such. Appeal is, accordingly, dismissed as infructuous. Let the lower court record be sent back.