Shibu Soren vs State Of Jharkhand

Hearing of this criminal appeal has been convened and conducted through video conferencing.

The appellant has been released after serving the sentence, with remission.

Noticing the orders passed by this Court in Criminal Appeal (DB) No.799 of 2010 and Cr. Appeal (DB) No. 379 of 2013, notice was issued to IG (Prison), State of Jharkhand.

An affidavit has been filed by IG (Prison), State of Jharkhand. Mr. Rajiv Ranjan, the learned Advocate-General assisted by Mr. Shekhar Sinha, the learned Public Prosecutor, states that a list of the convicts who have been released after serving the sentence, on remission, or, prematurely, has been submitted to the Court and copies of the list shall be circulated amongst some of the learned APPs as also to the learned Public Prosecutor so that the Court is apprised with the factual position about the convicts, before or at least on the date of hearing.

The learned Advocate-General assures the Court and tenders undertaking on behalf of IG (Prison), State of Jharkhand that periodically the list shall be updated (every six month) and updated list shall be submitted in the Court.

The learned Advocate-General further submits that necessary fund for payment of the learned Advocate Commissioners has been allocated and it is lying with the Office of the learned Advocate General, however , due to lock-down on account of COVID-19 the Advocate Commissioners could not identify the pending criminal appeals with the list of released convicts submitted by the State.

As the situation is not conducive for physical hearing, it shall be for the learned Advocate-General to decide the right time in consultation with the Registrar General when and in what manner the learned Advocate Commissioners should start work on the pending criminal appeals and if the fund so allocated for payment of the learned Advocate Commissioners is not utilized in this financial year the same shall be re-allocated in the next financial year also.

The notice issued to the IG (Prison), State of Jharkhand is discharged.

The appellant has challenged the judgment of conviction under section 376 of the Indian Penal Code dated 26.03.2013 and the order of sentence to RI for ten years with fine of Rs.10,000/- dated 30.04.2013 passed by the learned District and Additional Sessions Judge-I, Gumla in Sessions Trial No. 201 of 2009.

Mrs. Vani Kumari, the learned counsel for the appellant states that on release of the appellant after serving the sentence, with remission, she has instruction not to press this criminal appeal on merits.

Accordingly, Cr. Appeal (D.B.) No. 510 of 2013 is dismissed as not pressed.

In consequence thereof, I.A. No.3786 of 2020, I.A. No.4078 of 2020 and I.A. No.4079 of 2020 also stand disposed of.