HAIDER ALI MOHAMMAD USMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) When the main Appeal was on board dtd. 28/11/2022, pursuant to the jail remarks submitted alongwith Criminal Miscellaneous Application No.3 of 2022 in the aforesaid Appeal, it is recorded that the appellant has already undergone substantive sentence for the offence for which he is convicted and he is undergoing default sentence for want of payment of fine. However, learned advocate for the appellant produced a copy of the receipt that the appellant has already deposited fine, though on 18/11/2022, he is not released by the jail authority, and therefore, learned Additional Public Prosecutor was directed to seek instructions from the jail authority.

(2.) Today fresh jail remarks have been placed on record dtd. 19/12/2022 showing that he has undergone 9 year 11 months and 24 days sentence as on 19/12/2022. When this disparity is brought to the notice of the learned Additional Public Prosecutor and the Officer of the Jail authority, who is present in the Court, it was explained that the period for which he enjoyed temporary bail, parole leave as also surrendering late for 7 days was not taken into consideration while calculating the substantive sentence, and therefore, an inadvertent mistake crept in the earlier jail remarks sent alongwith the temporary bail application. With a note of caution to the jail authority to be more careful, precise and accurate in sending information through jail remarks to the Court, nothing further requires to be done so far as Criminal Miscellaneous Application No.3 of 2022 is concerned. The explanation offered orally is accepted with the aforesaid note of caution to them. In view thereof, this Criminal Miscellaneous Application stands disposed of.

(3.) Since the appellant has already deposited the fine and his substantive sentence is about to be over on 26/12/2022, on instructions, learned advocate for the appellant submits that the appellant does not wish to pursue further the Appeal. Hence the Appeal stands disposed of based on the instructions to the learned advocate for the appellant.