Shivabhai Nanubhai @ Nanjibhairathod vs State of Gujarat

Z.K. Saiyed, J.—Heard Mr. G. Ramakrishnan, learned Counsel for the appellants and Mr. H.H. Parikh, learned Additional Public Prosecutor for the respondent-State.

Mr. Parikh has produced on record Jail Report qua appellant No. 1, which shows that the appellant No. 1 has already been released from jail on 01st May 2010 in connection with the Circular dated 29th April 2010 issued by the Home Department, Government of Gujarat. He has also submitted that the appellant No. 2, who was in Sub Jail, Himmatnagar, was also released from jail as per the telephonic message received from the Jail Superintendent, Sub Jail, Himmatnagar.

Mr. Ramkrishnan, learned Counsel for the appellants, has submitted that it seems from the jail report produced on record and message received from Jail Superintendent, Sub Jail, Himmatnagar, both the appellants have been released from jail.

In view of Jail Report produced by Mr. Parikh, learned Additional Public Prosecutor and in view of statement made by Mr. G. Ramkrishnan, learned Counsel for the appellants, present appeal is disposed of as having become infructuous in view of the fact that the appellants have already undergone the sentence imposed upon them. Record and Proceedings, if any, be sent back to the concerned trial Court, forthwith.