CRL.A(J) 9/2005 BEFORE HON’BLE MR. JUSTICE H. N. SARMA Heard Mr. BB Gogoi, learned Addl. Public Prosecutor, Assam. This appeal from jail is filed against the conviction and sentence imposed upon the appellant in Sessions Case No. 24(DH)/03 vide judgment & order dated 30/6/04 . By the aforesaid judgment, the appellant was held guilty for commission of of fence u/s 395 IPC and sentenced to suffer rigorous imprisonment for 4 years and to pay a fine of Rs.5000/-, in default, further RI for 6 months. Mr. Gogoi submits that the aforesaid period is already over and the petitioner might have been out of jail by this time. I have perused the impugned judgment and order. Learned Amicus Curiae is not pr esent in the Court. Upon perusal of the impugned judgment, the aforesaid submis sion of the learned PP is appears to be substantiated by record as it is found t hat the grievance of the appellant is basically on the impugned sentence imposed upon him. Accordingly, this appeal has become infructuous by lapse of time. Consequently, the appeal stands dismissed as infructuous.