SURENDRA Vs. STATE

JUDGEMENT

(1.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 07.6.2008 passed by Additional Sessions Judge, FTC-II, J.P. Nagar, in Sessions Trial Nos. 508 of 2006 and 509 of 2006, State v. Surendra Singh, arising out of Case Crime Nos. 1186 of 2006 and 1221 of 2006 for offence under Sections 307 IPC and Section 25 Arms Act, respectively, Police Station-Amroha Dehat, District- J.P. Nagar, whereby the accused-appellant has been sentenced to undergo three years' R.I. coupled with fine Rs. 1,000/- for offence under Section 307 IPC and one year R.I. coupled with fine Rs. 1,000/- for offence under Section 25 Arms Act, respectively, and in default of payment of aforesaid fine, he will have to undergo additional one month imprisonment in each of the aforesaid offences.

(2.) At the very outset, it is relevant to take note of the fact that as per report sent vide letter dated 25.05.2017 by the Superintendent, District Jail, Bijnor, it has been intimated to this Court that the accused-appellant Surendra has already suffered the aforesaid entire sentence and after completing additional two months' simple imprisonment in lieu of not depositing the fine Rs. 2,000/-, he has been released from District Jail, Bijnor.

(3.) But, mere sufferance of sentence of imprisonment and release pursuant thereto, would not ipso-facto, render this appeal infructuous, hence, the parties were heard on the merit of this appeal.