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2025 DAILYLAW 4615 (ALL)

SUNNA ALIAS SUNIL KUMAR v. STATE OF U.P.

CRLA/1452/1984 · 2025-07-14

Anish Kumar Gupta

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:113880 HIGH COURT OF JUDICATURE AT ALLAHABAD ********* (SL No. 132) Court No. - 78 Case :- CRIMINAL APPEAL No. - 1452 of 1984 Appellant :- Sunna Alias Sunil Kumar Respondent :- State of U.P. Counsel for Appellant :- S.K.Yadav,Yogesh Kumar Srivastava Counsel for Respondent :- A.G.A. Hon'ble Anish Kumar Gupta,J. 1. List revised. 2. None appears on behalf of appellant to press the instant appeal. 3. The instant appeal was filed against the judgment and order dated 16.05.1984 passed by IVth Additional Sessions Judge, Agra in Sessions Trial No. 427 of 1981 (State Vs. Sunna and Others) whereby convicted appellant herein for the offence under Section 324 I.P.C. and instead of passing the actual sentence, he was released on filing a personal bond alongwith two sureties and for a sum of Rs. 2000/- for maintaining good behavior for a period of two years before the probation officer. 4. On 15.07.2019, this Court passed the following orders:- "Appellant Sunna @ Sunil Kumar has been convicted by judgment and order dated 16.05.1984, in S.T. No. 427 of 1981 (State vs. Sunna and others), under Section 324 IPC and has been released on probation on filing a personal bond and two sureties bonds for maintaining good behaviour for a period of two years and in default, he shall serve out a sentence of three months Rigorous Imprisonment. Learned counsel for the appellant states that the appellant has not committed any offence during probation period of two years. Therefore, a report may be called for District Probation Officer, Firozabad, as to whether the appellant was involved in any criminal case during probation period of two years. A copy of this order may be communicated within a week, through the Chief Judicial Magistrate, Firozabad, to the District Probation Officer Firozabad, to submit his report about aforesaid facts, within six weeks. List this case on 05.09.2019. " 5. As per the report received from the District Probation Officer, Firozabad dated 02.09.2019, since after passing the impugned judgment, no criminal case registered against the appellant for more than 35 years. It is evident that appellant has already served out the sentence awarded by the trial court. 6. In view thereof, since the sentence awarded vide order dated 16.05.1984 is undergone by the appellant and none is present to press the instant appeal, challenging the conviction. Hence, nothing survives in the instant appeal to be heard on merit. 7. Accordingly, the instant appeal is dismissed. 8. Trial court record be returned to the trial court concerned alongwith copy of the order passed by this Court. Order Date :- 15.7.2025 Vibha Singh (Anish Kumar Gupta,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad