Patna High Court
PAWANDEO YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
Holding
The appeal is infructuous and is consigned to the records because the appellant has completed his sentence and been released.
Summary
The appellant, Pawandeo Yadav, filed a criminal appeal in 2010 which remained pending for several years with no appearance on his part. The Court appointed Ms. Anisha Sinha as Amicus Curiae to obtain information on whether the appellant had completed his sentence. It was reported that the appellant had been in custody from 28‑10‑2009 to 11‑12‑2012 and was released on 11‑12‑2012 after remission under Section 432 of the Criminal Procedure Code. Both the Amicus Curiae and the State counsel confirmed the appellant's release. In view of this, the Court held the appeal to be infructuous and consigned it to the records, also directing a modest fee for the Amicus Curiae's services.
Issues considered
- Whether the criminal appeal remains maintainable when the appellant has completed the sentence and been released.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 432
Subjects
- criminal appeal
- remission
- Section 432 CrPC
- infructuous appeal
- amicus curiae
- pending case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.13 of 2010
======================================================
Pawandeo Yadav, S/o Late Siyaram Yadav, R/o Vill.- Situaha, P.S.-Salkhua,
Dist.- Saharsa.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Anisha Sinha, Amicus Curiae.
For the State : Mr. Abhay Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
11 31-03-2026 Heard Ms. Anisha Sinha, learned Amicus Curiae and
Mr. Abhay Kumar, learned APP for the State.
2. The present appeal has remained pending since
2010 after it having been admitted on 19.01.2010. The matter
was taken up on several occasions, but no one appeared on
behalf of the sole appellant. A coordinate Bench of this Court
vide order dated 10.07.2025 had appointed Ms. Anisha Sinha, as
Amicus Curiae.
3. Vide order dated 02.02.2026, a report was called for
as to whether the appellant has completed the sentence imposed
against him in connection with Sessions Trial No. 153 of 1998,
arising out of Sakhua P.S. Case No. 22 of 1998 within four
weeks from the Superintendent of Police, Saharsa and the Jail
Superintendent, Saharsa.
4. Today, Mr. Abhay Kumar, learned APP as per the
information contained in Letter No. 1321 dated 23.03.2026 of
Patna High Court CR. APP (SJ) No.13 of 2010(11) dt.31-03-2026
2/2
the Superintendent, Divisional Jail, Saharsa informs that the
appellant after remaining in custody from 28.10.2009 to
11.12.2012 has been given the benefit of remission in
accordance with Section 432 Cr.P.C. and he has been released
on 11.12.2012.
5. Ms. Anisha Singh, learned Amicus Curiae points
out this Court that she has also received information in this
regard that the appellant has been released.
6. In view of the aforesaid information, the present
criminal appeal having become infructuous stands consigned to
the records.
7. This Court appreciates the due indulgence and the
effort taken by Ms. Anisha Sinha, learned Amicus Curiae and
Mr. Abhay Kumar, learned APP for having endeavoured to
obtain information from the Superintendent of Police, as well
as, Superintendent, Divisional Jail, Saharsa.
8. The Patna High Court, Legal Services Committee
is, hereby, directed to pay a sum of Rs. 5,000/- (Rupees Five
Thousand) to Ms. Anisha Sinha, learned Amicus Curiae, as
consolidated fee, for rendering her valuable professional
service.
(Purnendu Singh, J)
mantreshwar/-
U
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