Buduram Ganda v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

JCRLA No.36 of 2005 Buduram Ganda ....

Appellant Mr. P. K. Mishra, Advocate -versusState of Odisha ....

Respondent Mr. Janmejaya Katikia, Additional Government Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

12.08.2022

1. This appeal is directed against the judgment dated 24th January, 2005 passed by the learned Adhoc Additional Sessions Judge, Jeypore in CT Case No.20 of 2004 convicting the Appellant for the offence punishable under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5000/-, in default to undergo further imprisonment for six months.

2. However, it has been brought to the notice of the Court by the Directorate of Prisons that during the pendency of this appeal, the Government of Odisha in exercise of the powers conferred by Section 432 of the Code of Criminal Procedure, 1973 has remitted the unexpired portion of the sentence passed against the Appellant and ordered his premature release and pursuant thereto, the Appellant has already been released.

3. In view of the above, the appeal has become infructuous and is disposed of as such. However, the Appellant is at liberty to approach the Court for revival of this appeal, in case he wishes to have the appeal decided on merits.

(S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M. Panda