BHAJAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the order dated 30.06.2005 whereby during pendency of Cr. Appeal No. 21 of 2005 before the Court of Sessions, Buxar, the appellant's prayer for bail was rejected.

(2.) It appears that the appellant had been convicted under Section 25(1)(a) of the Arms Act and sentenced to R.I. for three years by the learned S.D.J.M., Buxar under G.R. Case No. 1073 of 2004/T.R. No. 1637 of 2005. Against that order of conviction and sentence the appellant preferred the said Cr. Appeal No. 21 of 2005 before the Sessions Judge, Buxar. It was during the pendency of this appeal that the appellant prayed for bail before the learned Sessions Judge, Buxar, who vide impugned order dated 30.06.2005 refused the prayer for bail. The appellant has approached this Court challenging the impugned order dated 30.06.2005.

(3.) During the hearing, Mr. Nil Kamal, learned counsel for the appellant submits that this appeal has become infructuous inasmuch as the learned Sessions Judge, under the said Cr. Appeal No. 21 of 2005 dismissed the appeal with partial modification in the quantum of sentence by reducing the same to a period of two years. Learned counsel further submits that after undergoing the sentence of two years the appellant has come out of jail. In such view of the matters, it is submitted that the appeal has become infructuous hence, it is not being pressed.