IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No 1024 of 1997 For Approval and Signature: HON'BLE MR.JUSTICE J.R.VORA ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- SHINEYIA MUTTHO Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Appeal No. 1024 of 1997 MR SATISH R PATEL for Appellant No. MR PD BHATE Ld. APP for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE J.R.VORA Date of decision: 20/10/2004 ORAL JUDGEMENT 1. This appeal is preferred by the above three appellants under sec. 374(2) of the Code of Criminal Procedure against the judgment and order dated 21.8.1997 delivered by the ld. Addl. City Sessions Judge, Court no. 3, Ahmedabad in Sessions Case No. 76/1997 convicting each of the appellant under sec. 489(d) to read with sec. 114 of the Indian Penal Code and sentencing each of them to undergo R/I of 7 years and fine of Rs. 1000/-, in default to undergo R/I for three months. 2. Ld. advocate for the appellant Mr. Satis Patel and ld. APP Mr. PD Bhate were heard. 3. This court on 29.1.2003 recorded a statement of the ld. advocate Mr. Satis Patel that the appellant no. 1 - Shineyia Muttho had passed away and that the appellant no. 2 C. Balu Chhaniya was transferred to some other jail, while appellant no. 3 - Ashok Balsubramanayam was released by jail on his completion of punishment. This court had also directed to verify the position through ld. APP. 4. Today, ld. APP Mr. Bhate places on record a communication dated 5.2.2003 addressed to him by Sub Jailor, Ahmedabad Central Jail, indicating that the appellant no. 1 -Shineyia Muttho had died on 31.8.2001, appellant no. 3 - Ashok Balsubramanayam has been released from the jail on 30.3.2002 on his completion of punishment, while appellant no. 2 - C. Balu Chhaniya was transferred to Madras Jail on 5.8.1999. Jail remarks dated 18.6.2003 is also placed on record by ld. APP, which is taken on record. 5. The punishment which was awarded to appellant no. 3 - Ashok Balsubramanayam was also awarded to the appellant no. 2 - C. Balu Chhaniya, who according to the jail remarks, transferred to Madras Jail on 5.8.1999, therefore, it is clear that the sentence awarded to the appellant no. 2 - C. Balu Chhaniya is also served and completed. In this view of the matter, this appeal has now become infructuous. 6. In the result, for the reasons stated above, this appeal stands disposed of as having become infructuous. (J.R. VORA, J.) mandora/