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2026 DAILYLAW 40543 (CAL)

AMUL HAQUE & ORS v. STATE OF WEST BENGAL

CRA/400/2017 · 2026-09-08

Prasenjit Biswas

body2026

Judgment text

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08-09-2026 Item no.21 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Criminal Appellate Jurisdiction CRA No.400 of 2017 Amul Haque & Ors. -vs- The State of West Bengal None …for the appellants Mr. Achin Jana Mr. Suman Chakraborty … for the State 1. None represents the appellants. 2. Mr Achin Jana, learned advocate, along with Mr Suman Chakraborty, learned advocate, is present on behalf of the State. 3. The learned Public Prosecutor is requested to take necessary steps for regularizing the appointment of Mr Achin Jana and Mr Suman Chakraborty, learned advocates, who have represented the State in the present appeal. 4. The department is directed to communicate a copy of this order to the office of the learned Public Prosecutor forthwith, so that necessary formalities in this regard may be completed. 5. The instant appeal has been preferred at the instance of the appellants/convicts challenging the impugned judgement and order of conviction dated 7th June 2016 and 8th June 2017 passed by the learned Trial Court in connection with Sessions Case No.318 of 2010, whereby the appellants were found guilty of the offences punishable under sections 498A and 306 of the Indian Penal Code and were sentenced accordingly. 6. Being aggrieved by and dissatisfied with the aforesaid judgement and order of conviction and sentence, the present appeal was preferred before this Court. 7. At an earlier date of hearing, by order dated 11th August 2026, this Court directed the department to obtain a report from the concerned Correctional Home, through the Inspector General of Correctional Services, as to whether the appellants had already undergone the substantive sentences imposed upon them by the learned Trial Court pursuant to the impugned judgement and order of conviction. The said direction was considered necessary for the purpose of ascertaining the present custodial status of the appellants and whether any effective relief in the appeal survived for consideration. 8. Pursuant to the aforesaid direction, a report dated 7th September 2026 submitted by the Superintendent, Jalpaiguri Central Correctional Home, has been placed before this Court. From the said report, it appears that the first appellant, Amul Hoque, was released from custody on 3rd September 2021, upon completion of the sentence imposed upon him. The second appellant, Jabbar Ali, was released on 10th November 2021, after expiry of the sentence, while the third appellant, Achhiya Khatun, was released on 28th October 2021, upon completion of the sentence imposed by the learned Trial Court. 9. Thus, from the report dated 7th September 2026, it is evident that all the three appellants have already been released from custody after undergoing substantive sentences imposed upon them by the learned Trial Court by the impugned judgement and order dated 7th June 2016 and 8th June 2017. 10. In view of the aforesaid subsequent development, and having regard to the fact that the appellants have already served out the substantive sentences imposed upon them, no effective relief presently survives for consideration in the instant appeal. 11. Accordingly, the instant appeal is hereby dismissed. 12. The impugned judgement and order of conviction and sentence passed by the learned Trial Court in connection with Sessions Case No.318 of 2010 is, accordingly, affirmed. 13. The report dated 7th September 2026 submitted by the Superintendent, Jalpaiguri Central Correctional Home, as placed before this Court is hereby taken on record. 14. Let a copy of this order along with the trial court record be 2 sent down to the learned Trial Court immediately. 15. Certified copy of this order, if applied for, shall be made available to the parties on payment of requisite fees. [Prasenjit Biswas, J] 3