Gujarat High Court
Bhurabhai vs The on 6 October, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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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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