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Judgment
A.M. Kapadia, J.—Challenge in the instant appeal is to the correctness of the judgment and order dated 29/1/2005 rendered in Sessions
Case No. 105/1994 by the Ld. Addl. Sessions Judge, F.T.C., Junagadh, by which the sole Appellant original accused has been convicted for the
offences u/s 302 of the Indian Penal Code [IPC] and 135 of the Bombay Police Act [BP Act] and sentenced to imprisonment for life and fine of
Rs. 500/- and in default of payment of fine, rigorous imprisonment for one month for the offence u/s 302 of the IPC and fine of Rs. 100/- and in
default of payment of fine, simple imprisonment for one week for the offence u/s 135 of the BP Act.
At the time of hearing of this appeal, Ms. Chetna Shah, Ld. APP for the respondent - State of Gujarat states that Home Department of
Government of Gujarat, in exercise of powers conferred under Article 161 of the Constitution of India has issued order dated 28/4/2010 being
No. JLK-822010-360-J on the occasion of Golden Jubilee Celebration of the State of Gujarat, inter-alia stating that those convicts - prisoners,
who have been sentenced to imprisonment of life and who have already undergone total period of five years including set off as on 30/04/2010 and
have crossed the age of 65 years, have been granted remission for remaining period of sentence.
She further states that pursuant to the aforesaid order, the Appellant has already been released from the jail on 01/05/2010. Therefore, now this
appeal does not assume survival value as it has become infructuous. She, therefore, urges to pass appropriate order in this regard.
Mr. Soni, learned advocate for Mr. Harin Raval, learned advocate for the Appellant, endorses the statement made by Ms. Chetna Shah, Ld.
APP and states that since the Appellant has already been released from the jail by granting remission pursuant to the above referred order, he does
not want to press this appeal on merits and seeks leave to withdraw the same.
Leave, as prayed for, is granted. Appeal stands disposed of accordingly.
Muddamal to be disposed of in terms of the directions contained in the impugned judgment and order of the trial Court.
Jail remark sheet issued by the Deputy Superintendent, Ahmedabad Central Jail, wherein the above referred order is mentioned, shall be
retained on the record of the case.