1 Cri.Appeal No.359/05 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPEAL NO.359 OF 2005 Bharat @ Sai Kisan Kendale Convict No.2298 Kolhapur Central Prison, Kalamba ..Appellant. v. (Org.Accd.No.3) The State of Maharashtra at the instance of Tilak Nagar Police Station, Mumbai. ..Respondent. WITH CRIMINAL APPEAL NO.578 OF 2006 Mahadeo Bhimrao Sathe Convict No.2297, Kolhapur Central Prison, Kalamba ...Appellant. v. (Org.Accd.No.2) The State of Maharashtra (at the instance of Tilak Nagar Police Station, Mumbai.) ...Respondents. Ms.D.M.Shah, appointed adv. For the Appellants. Ms. A.T.Javeri, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JULY 28, 2010 ORAL JUDGMENT: 1 These two appeals were filed by original accused no.3 and accused no.2 respectively against the conviction and and sentence for the offences punishable under Sections 376(2)(g) and 306 of the I.P.C.. 2 Cri.Appeal No.359/05 Accused no.3 was also convicted for the offences punishable under Section 366 of the I.P.C. Maximum sentence of 10 years imprisonment with fine was imposed for the offence of gang rape. For the other two offences, lesser sentence of imprisonment was granted. The learned APP on the basis of information received from the Kolhapur Central Jail makes a statement that both these accused persons have been released from jail after undergoing complete sentence as awarded by the Sessions Court. The learned counsel for the appellants does not want to prosecute the appeals in view of the fact that accused persons have already undergone the complete sentence and the appeals have become infructuous for all the practical purposes. 2 Therefore, both the appeals stand dismissed for want of prosecution. (J.H. BHATIA,J.)