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2021 Supreme(UK) 501

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Raghvendra Singh Chauhan, Alok Kumar Verma, JJ.
Nitish Singh Bhati - Appellant
Versus
Central Bureau Of Investigation & Ors. - Respondents
Criminal Revision No. 374 of 2015
Decided On : 15-12-2021

Advocates Appeared:
Avtar Singh Rawat, Advocate, P.C. Pethshali, Advocate, Sandeep Tandon, Advocate

Infructuousness of the Criminal Revision for enhancement of sentence due to the allowance of the Criminal Appeals.

Headnote:

Infructuous - Criminal Revision - The question of enhancement of sentence of the accused persons no longer survives. The present Criminal Revision for enhancement of sentence has become infructuous.

Fact of the Case:

The Criminal Appeals filed by the co-accused persons have been allowed by the Court, rendering the question of enhancement of sentence infructuous.

Finding of the Court:

The Court dismissed the Criminal Revision for enhancement of sentence as infructuous due to the allowance of the Criminal Appeals filed by the co-accused persons.

Issues: Enhancement of sentence for the accused persons.

Ratio Decidendi: The Court's decision was influenced by the allowance of the Criminal Appeals, which made the question of enhancement of sentence infructuous.

Final Decision: The present Criminal Revision for enhancement of sentence has been dismissed as infructuous.

JUDGMENT

Raghvendra Singh Chauhan, CJ. - The Criminal Appeals filed by the co-accused persons, namely Criminal Appeal No. 119 of 2015 "Dharmpal Singh Yadav @ D.P. Yadav v. Central Bureau of Investigation", Criminal Appeal No. 151 of 2015 "Pal Singh @ Pala @ Lakkar @ Harpal Singh v. Central Bureau of Investigation, Criminal Appeal No. 154 of 2015 "Karan Yadav v. Central Bureau of Investigation", and Criminal Appeal No. 152 of 2015 "Praneet Bhati v. Central Bureau of Investigation", have been allowed by this Court by its judgments dated 10.11.2021, 23.11.2021, 25.11.2021 and 15.12.2021 respectively. Therefore, the question of enhancement of sentence of the accused persons no longer survives. Thus, the present Criminal Revision for enhancement of sentence has become infructuous.

2. Hence, it is, hereby, dismissed as infructuous.

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