Bhakta Gouda v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

JCRLA No.58 of 2005 Bhakta Gouda ....

Appellant Mrs. P. Priyambada, Advocate -versusState of Odisha ....

Respondent Mr. Ishwar Mohanty, Additional Standing Counsel

CORAM:

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

ORDER

12.08.2022

1. This appeal is directed against the judgment dated 27th January, 2005 passed by the learned Additional Sessions Judge, (Fast Track Court), Chatrapur, Ganjam in Sessions Case No.33 of 2004/Sessions Case No.286 of 2004 (GDC) convicting the Appellant for the offence punishable under Sections 147/148/302/149 IPC and sentencing him to under to imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo SI for three months under Sections 302/149 IPC, also sentenced to undergo RI for one year under Section 147 IPC and RI for two years for Section 148 IPC.

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