MP 1 APEAL890_07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 890 OF 2007 WITH CRIMINAL APPLICATION NO. 719 OF 2009 Mr. Gulzar @ Gullu Nasir Ali Shah through Kolhapur Central Jail Kalamba, Dist. Kolhapur ... Appellant Versus The State of Maharashtra At the instance of Shivaji Nagar Police Station in C.R. No. 231 of 2006 ... Respondent Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 21ST SEPTEMBER 2011 ORAL JUDGMENT : This appeal was preferred by the accused-appellant against the order of conviction for the offences punishable under Sections 333, 504, and 506(II) of the Indian Penal Code and the sentence to undergo rigorous imprisonment for three years with fine of Rs. 1,000/-, rigorous imprisonment of for six months with fine of Rs. 1,000/- and rigorous imprisonment for six months with fine of Rs. 1,000/- respectively, passed by the 12th Ad-Hoc Assistant Sessions Judge, Sewree, Mumbai in Sessions Case No. 1049 of 2006. The substantive sentence of imprisonment on all the counts is to run concurrently, and thus effectively, the maximum sentence of imprisonment was for three years with fine of Rs. 3,000/- and in default to pay fine, he was to undergo further simple imprisonment of total 12 months. 2. The accused was convicted on 30th April 2007 and was taken in custody on the same date. He made an application from Kolhapur Central Jail to this Court MP 2 APEAL890_07 pointing out that he had already completed and undergone substantive sentence of imprisonment as he was actually in jail for 29 months. He also pointed out that he was in jail and was undergoing the imprisonment in default to pay fine because of his poverty. By the said application, he requested this Court to consider the reduction in sentence of imprisonment in default of payment of fine. However, by order dated 10th July 2009, the learned Single Judge of this Court directed that the said application shall be considered along with the appeal. This is how the said application and the appeal both are placed before the Court today for Final Hearing. 3. The learned APP, on the basis of the written communication dated 20th September 2011 received from the Superintendent of Kolhapur Central Jail, states that the accused has been released from jail on 24th March 2009 after undergoing the substantive sentence of imprisonment as also the imprisonment in default to pay fine, and hence, the application has become infructuous. 4. From the application dated 25th February 2009 from the accused, it appears that he was not interested in prosecuting the appeal on merits. Unfortunately, his request for reduction in imprisonment could not be considered till he was released after undergoing complete sentence. Now, the appeal and application both have become infructuous. 5. In the result, the appeal and application stand dismissed. (J. H. BHATIA, J)