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Judgment
In this Appeal, Application is filed under Section 482 of CrPC, 1973 read with Section 528 of BNSS, 2023 seeking to dismiss the above appeal in view of the fact that the appellant has undergone the entire sentence and sought for release of the appellant. In the application it is stated that the appellant had been convicted for the offence punishable under Section 307 of Indian Penal Code vide Judgment of Conviction dated 16.08.2014 in SC No.156 of 2012 passed by the VI Additional District and Sessions Judge, Mysuru (for short, the "trial Court").
During the course of investigation, the appellant was arrested on 11.09.2011 and was remanded to judicial custody. Thereafter, the appellant was released only on 20.03.2012 vide Bail Order dated 19.03.2012. The appellant duly underwent the entire trial regularly being present before the learned Sessions Judge and ultimately the appellant was convicted for a period of four years for the offence under Section 307 of Indian Penal Code vide order dated 16.08.2014 and in view of the same, she was taken to custody on 25.08.2014 and she underwent her sentence and she was released on 04.11.2017, notwithstanding the order of suspension of sentence and the bail order dated 27.02.2015 passed by this Court. The copy of the imprisonment details of the appellant issued by the Assistant Superintendent, Central Prison, Mysuru is produced as Document No.1.
Further, it is submitted that the appellant had undergone the entire sentence but the same was not intimated to her counsel and, as such, this Court passed an order issuing NBW to the appellant/accused on 16.09.2026 and by virtue of the same, the appellant was arrested on 07.10.2026 and was remanded to judicial custody.
The appellant has undergone the entire sentence passed by the learned Sessions Judge and thereafter, she was released from prison, as such, the present appeal does not survive for consideration. On all these grounds, it is sought to allow the appeal.
A perusal of the judgment of the trial Court reveals that the trial Court has convicted the accused for offence under Section 307 of Indian Penal Code and passed sentence to undergo rigorous imprisonment for a period of for years and to pay fine of Rs.15,000/-. The imprisonment details of CTP:18298 pertaining to this appellant reveals that the date of admission is 25.08.2014 and date of release is 04.11.2017. The same is not brought to the notice of the Court by the learned counsel for the appellant. Now, the appellant files Application in IA.I of 2026 to dismiss the appeal, since the appellant/accused has already served sentence passed by the trial Court. Accordingly, I proceed to pass the following:
O R D E R
IA.I of 2026 filed under Section 482 of CrPC, 1973 read with Section 528 of BNSS, 2023 is allowed;
The concerned jail authority is directed to release the appellant/accused, forthwith; if accused is not involved in any other case.
Registry is directed to send this Order through e-mail to the trial Court with a direction to communicate this order in turn to the concerned Jail authority through e-mail.
In view of the submission of the learned Counsel for the appellant, appeal is dismissed.