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CR.A/1387/2005 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1387 of 2005
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BHURABHAI
RANABHAI KOLI - Appellant(s)
Versus
THE
STATE OF GUJARAT & 1 - Opponent(s)
=========================================================
Appearance
:
MR
HARDIK SONI for MR HARIN P RAVAL
for
Appellant(s) : 1,
MS CHETNA SHAH, APP for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 06/10/2010
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. 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 under sections 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 under section 302 of the
IPC and fine of Rs.100/- and in default of payment of fine, simple
imprisonment for one week for the offence under section 135 of the BP
Act.
2. 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.
3. 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.
4. 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.
5. Leave,
as prayed for, is granted. Appeal stands disposed of accordingly.
6. Muddamal
to be disposed of in terms of the directions contained in the
impugned judgment and order of the trial Court.
7. 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.
(A.M.
Kapadia, J.)
(
J.C. Upadhyaya, J.)
* Pansala.
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