Court No. - 78
Case :- CRIMINAL APPEAL No. - 196 of 1986 Appellant :- Ram Padarath Respondent :- State of U.P. Counsel for Appellant :- V. Saran Counsel for Respondent :- A.G.A.
Hon'ble Ajit Singh,J.
1. This Court is informed that the sole appellant of this appeal Ram Padarath is not residing at the given address and he is not traceable. This appeal was filed in the year 1986 and no useful purpose appears to be served by keeping this appeal pending. This appeal is being decided by this Court only with the assistance of the learned AGA as well as going through the record of this matter.
2. This criminal appeal has been filed against the judgement and dated 07.01.1986 passed by Special Judge (E.C. Act), Jaunpur in Criminal Case No. 10 of 1984 (E.C. Act) (State Vs. Ram Padarath), whereby learned Judge has convicted and sentenced the appellant Ram Padarath to undergo three months’ rigorous imprisonment under Section under Section 3/7 E.C. Act.
3. The prosecution case is that on 21.09.1983 the concerned Sub- Inspector namely Amit Kumar caught the accused appellant selling out soft coal without having licence for it. There was neither stock board nor rate board displayed by him and there was four tons of soft coal found illegally stocked by the appellant. On such report of the Sub Inspector the District Magistrate authorised the Station Officer Khuthan to investigate the matter and the charge sheet was submitted as such against the appellant.
4. From the perusal of the record of this case, it transpires that the accused appellant was convicted and sentenced under the provisions of Section 3 of the U.P. Coal Control Order, 1975 and 4 of the U.P. Control Order 1977, which is an offence within the purview of the Section 3/7 of the E.C. Act.
5. From the perusal of the record of this case it reveals that the coal for which the present appellant was convicted and sentenced was lying on a roadside without enclosures or shed etc. and the appellant was not selling any coal as the witness Amrit Kumar has deposed that “Koyala Sarhak Kinare Bagal mein Rakha Thaa, Uspar Na koyi Chhat Thaa Na Kisi Deewar Se Ghira tha…….”. It also reveals that the public witnesses Babu Lal, Ram Lakhan and Laxmi Singh had not supported the prosecution theory that the appellant was having or running any coal depot or coal shop. As per the contents of the impugned order the appellant was convicted only for three months imprisonment and during trial he might have been lodged in jail for sometime. Moreover, the incident is alleged to have taken place in the year 1984 and the accused had been suffering mental agony and mental incarceration since then during trial and after conviction for a long period of about thirty six years. At present the accused would be grown up as senior citizen and suffering from age related ailments and is also not traceable at the address given in the appeal. In such a circumstances to pass an order affirming the sentence awarded by the impugned order of conviction against an accused of minor offence and more over behind his back as he is reported to be untraceable since long, would not be meaningful to serve any purpose of the criminal jurisprudence. However, so far as the conviction is concerned, this appeal is dismissed.
6. Considering the facts and circumstances of the case and considering that the alleged incident had happened thirty six years ago, considering that the appellant had already undergone in imprison during trial and after conviction and he had suffered mental agony of criminal trial and conviction for a long period more than three and half decades, at this stage it would not be proper to send him in jail to serve out the remaining sentence and the sentence is modified to the period already undergone by the accused appellant.
7. The appeal stands partly allowed.
8. Appellant is on bail. His personal bonds and bail bonds given by sureties shall stand discharged forthwith.
9. Office is directed to transmit a copy of this order to the learned Sessions Judge, Jaunpur.
10. Office is also directed to send back the record of the trial court, if any, immediately.
Order Date :- 23.09.2021 LBY