HIGH COURT OF JUDICATURE AT ALLAHABAD JAIL APPEAL No. - 233 of 2021 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. Heard Sri Abhay Pratap Singh; Sri Sachin Singh and Sumit Goyal, learned counsel for the appellants and Sri Rahul Asthana, learned A.G.A. for the State respondent. 2. This jail appeal has been preferred against the judgement and order dated 21.12.2007 learned Additional Sessions Judge/Fast Track Court-II, Saharanpur in Session Trial Nos.93 of 2013, 94 of 2013 and 470 of 2013 arising out of Case Crime No.241 of 2012, under Sections 363, 366, 368, 323, 376(2)(G), 328, 315 and 120-B I.P.C., Police Station Kotwali Nagar, District Saharanpur, whereby the appellants namely Raju, Sanni and Satish have been convicted and sentenced as under :- Under Section 363 I.P.C. - to undergo seven years rigorous imprisonment along with fine of Rs.10,000/- and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. Under Section 366 I.P.C. - to undergo ten years rigorous imprisonment along with fine of Rs.10,000/-and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. Under Section 368 I.P.C. - to undergo seven years rigorous imprisonment along with fine of Rs.10,000/-and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. Versus Counsel for Appellant(s) : From Jail, Sumit Goyal Counsel for Respondent(s) : A.G.A. Raju And 2 Others .....Appellant(s) State of U.P. .....Respondent(s) Under Section 376(2)(G) I.P.C. - to undergo ten years rigorous imprisonment along with fine of Rs.10,000/- and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. Under Section 328 I.P.C. - to undergo seven years rigorous imprisonment along with fine of Rs.5,000/-and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. Under Section 315 I.P.C. - to undergo seven years rigorous imprisonment along with fine of Rs.10,000/-and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. Under Section 120-B I.P.C. - to undergo ten years rigorous imprisonment along with fine of Rs.5,000/-and in case of default in payment of fine the appellants shall undergo six months additional imprisonment. All the sentences shall run concurrently. 3. The appeal has been filed, challenging the conviction and sentence of appellants on various grounds including earliest infirmities in appreciation of evidence of failure to consider certain material contradiction in the testimony of witnesses. 4. During the pendency of this appeal, it is brought to the notice of this Court that the appellants have already undergone the entire period of sentence imposed by the trial court. 5. Learned counsel for the appellant has drawn the attention of this Court towards the custody certificate which has been filed alongwith this jail appeal, as per said certificate the sentence undergone by the appellants as on 27.3.2021 is as under:- (i). Appellant No.1 Raju - 6 years 5 months and 27 days. JAPL No. 233 of 2021 2 (ii). Appellant No.2 Sunny - 4 Years 6 Months and 4 days. (iii). Appellant No.3 Satish - 4 Years and 28 days. 6. Thus, it is submitted that by now i.e. on 6.4.2026 the appellants have undergone the entire sentence including the default sentence. 7. Sri Abhay Pratap Singha and Sri Sachin Singh, learned counsel for the appellant has produced recent custody certificate of the appellant Sastish, as per which appellant Satish has undergone 10 years 10 months and 30 days, the said certificate is taken on record. 8. Learned counsel for the appellants do not wish to press the appeal on merits as the appellants have already completed their entire sentence including the default sentence and prays that conviction may be set aside or in the alternative, the sentence may be deemed to have been undergone. 9. Learned Additional Government Advocate for the State respondent on the strength of custody certificate, which has been annexed with this jail appeal submits that appellants have already completed their entire sentence including the default sentence. 10. I have perused the record and considered the submissions of both parties, the appeal has been pending for a long time and as per the custody report from the concerned jail authority, the appellant has served all the imprisonment imposed as is evident from the custody report dated 27.3.2021, which has been filed alongwith this jail appeal. 11. In the aforesaid circumstances of the case where the entire sentence has already undergone and considering the nature of offence and the fact the appellant has already served out his entire sentence including the default sentence, no useful purpose would be served by entering into a detailed examination of evidence at this stage. 12. Since the appellant has already undergone the full period of sentence JAPL No. 233 of 2021 3 including the default sentence pursuant to order passed by the trial Court, therefore, nothing further survives in this appeal for adjudication as the learned counsel for the appellant does not wish press on the merits of the appeal. Accordingly, the conviction and sentence as awarded by the trial Court is hereby upheld. 13. The appeal is dismissed. 14. Let a copy of this order be communicated to the jail authorities concerned through Registrar (Compliance) of this Court. The jail authority concerned is directed to release the appellants on completion of sentence, if not wanted in any other case. 15. A copy of this judgment alongwith the trial court record be transmitted to the Court concerned for necessary compliance. Compliance report be submitted to this Court, at the earliest. Office is directed to keep the compliance report on record. April 6, 2026 Dev JAPL No. 233 of 2021 4 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad