CR.A/640/2000 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 640 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VEDPRAKASH @ RAJAN S/O RAMGOPAL SHUKLA - Appellant(s) Versus STATE OF GUJARAT - Opponent(s) ========================================================= Appearance : MS SADHANA SAGAR for Appellant(s) : 1, MR.A.J. DESAI, ADDL. PUBLIC PROSECUTOR for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 20/09/2006 ORAL JUDGMENT Ms.Sadhana Sagar, the learned advocate for the appellant states that the present appeal has become infructuous as the appellant has undergone the sentence. CR.A/640/2000 2/3 JUDGMENT 2. Mr.A.J. Desai, the learned APP tenders a copy of the Jail record wherein in the remarks column it is stated that, “As the appeal of the convict is heard by the High Court of Gujarat and as by letter No.927/ 03 dated 27.05.2003, of the City Sessions Court, Ahmedabad and by the Gujarat High Court Writ No.14768 of 2003 dated 09.05.2003 it is intimated that (sentence awarded in Sessions Case NO.359 of 1998 against which the present Appeal No.640 of 2000 was filed before this Court) the sentence is modified in Criminal Appeal No.640 of 2000 and the sentence in both the cases is ordered to run concurrently, totalling to 10 years, is completed. Therefore, he is released from Jail on 21.12.2004.” 3. The learned advocate for the appellant made available a copy of the order passed by this Court (Coram: S.D. Dave, J.) dated 09.05.2003 in Criminal Misc. Application No.2296 of 2003 in Criminal Appeal No.640 of 2000, whereby this Court was pleased to pass an order relevant part of which reads as under: “12. In view of the aforesaid facts and circumstances of the case and in view of the binding decision of the Hon'ble the Apex Court, I am inclined to allow the present application filed by the petitioner-original accused to have CR.A/640/2000 3/3 JUDGMENT benefit of sentence to run concurrently by allowing him to undergo total period of 10 years imprisonment instead of conviction passed against him to meet ends of justice. Rule is made absolute to the aforesaid extent. DS is permitted.” 4. The Criminal Appeal No.640 of 2000 does not survive. The same is disposed of accordingly. Notice of admission is discharged. (RAVI R. TRIPATHI, J.) karim