DIVYESH RAJNIKANT JARIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is given to the order dtd. 19/4/2022 passed below Exh.8 by the learned 11th Additional Sessions Judge, Surat in Criminal Misc. Application no.283 of 2022 under Sec. 427 of the Cr.P.C. for an order of sentence to be ordered to run concurrently.

(2.) Mr. Patel, learned advocate for the applicant submits that the order of conviction and sentence of one year stood modified in appeal, where the accused was directed to undergo sentence of six months in both the matters. Mr. Patel submits that prayer was made before the learned Sessions Judge for an order of concurrent running of the sentences, however, it was rejected, but now Mr. Patel submits that the applicant has filed affidavit stating that he has already undergone the sentence and now he is out of jail. Mr. Patel states that now the matter has become infructuous. The affidavit filed by the applicant-accused is taken on record.

(3.) In view of the affidavit and the submissions so made, the present application stands disposed of as having become infructuous.