Where the convict has already served the entire sentence and neither the appellant nor their legal heirs take steps to pursue the appeal, the High Court may dismiss the criminal appeal as infructuous. This judgment reaffirms existing legal practice and holds binding value for similar situations involving completed sentences and lack of prosecutorial interest.
Summary
| Category | Data |
|---|---|
| Case Name | Cr.A(SJ)/547/2002 of NASRULLAH KHAN @ NASRULLAH ANSARI Vs STATE OF JHARKHAND TH. C.B.I. |
| CNR | JHHC010000502002 |
| Date of Registration | 13-09-2002 |
| Decision Date | 29-10-2025 |
| Disposal Nature | Disposed Off As Infractous |
| Judgment Author | HON’BLE MR. JUSTICE RAJESH KUMAR |
| Court | High Court of Jharkhand |
| Precedent Value | Binding for cases involving completed sentence and lack of interest in pursuing appeal |
| Type of Law | Criminal Law / Prevention of Corruption Act, 1988 |
| Ratio Decidendi | The appeal challenging conviction and sentence was dismissed as infructuous after the court verified that the appellant had been released from custody upon serving the full sentence and neither the appellant nor his legal heir expressed any interest in continuing the appeal. Thus, continued adjudication of the appeal would serve no purpose. |
| Facts as Summarised by the Court | Appellant was convicted under Sections 7 and 13(1)(d), r/w 13(2) of the Prevention of Corruption Act, sentenced to RI for 1.5 years and 2 years respectively, to run concurrently. Status report confirmed sentence was fully served as of 23.12.2023 and appellant was released. No steps taken by appellant or heirs to pursue the appeal. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of Jharkhand High Court |
What’s New / What Lawyers Should Note
- Confirms that a criminal appeal may be dismissed as infructuous where the sentence has already been fully served and there is no willingness by the appellant or their heirs to prosecute the appeal.
- Lawyers representing convicts or their legal heirs should be alert to the necessity of proactively pursuing pending appeals, even after release from custody, to avoid automatic dismissal.
- Highlights the use of status reports to independently verify the serving of sentence before dismissal.
Summary of Legal Reasoning
- The court ascertained from an official status report that the appellant had been released from jail after serving the entire sentence imposed for conviction under the Prevention of Corruption Act, 1988.
- The court noted that neither the appellant nor any legal heirs had taken steps or shown interest in further pursuing the criminal appeal.
- Concluding that further adjudication would serve no viable legal purpose, the court dismissed the criminal appeal as infructuous.
Arguments by the Parties
Petitioner (Appellant):
- No arguments submitted or interest shown; neither the appellant nor legal heirs appeared or took steps to pursue the appeal.
Respondent (State/CBI):
- No arguments specifically recorded in the judgment.
Factual Background
- The appellant was convicted by the Special Judge, CBI cum First Additional Sessions Judge, Dhanbad, for offences under Sections 7 and 13(1)(d), read with Section 13(2) of the Prevention of Corruption Act, 1988.
- He was sentenced to imprisonment (RI for 1.5 years and 2 years, respectively, running concurrently) and fined.
- Status report indicated the appellant completed the full sentence and was released on 23.12.2023.
- No steps were taken by the appellant or his legal heirs to pursue the appeal after release.
Statutory Analysis
- The judgment refers to Sections 7 and 13(1)(d), read with 13(2) of the Prevention of Corruption Act, 1988, under which conviction and sentence were imposed.
- The court focused on procedural aspects of appeal disposal after completion of sentence rather than substantive interpretation of the Act.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions recorded.
Procedural Innovations
- The court called for and relied upon a formal status report from the court concerned to verify service of the sentence prior to dismissal.
- Appeal dismissed as infructuous solely for lack of prosecutorial interest and completion of sentence.
Alert Indicators
- ✔ Precedent Followed – Dismissal of appeals as infructuous remains consistent with existing legal practice where appellants have served their sentence and show no intent to pursue the matter further.