Ganga @ Gangadhar Naik And Sikhara vs State Of Odisha
2022 Latest Caselaw 3940 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                JCRLA No.29 of 2007

            Ganga @ Gangadhar Naik and Sikhara ....            Appellants
            Naik
                              M/s. A. K. Nayak and associate, Advocates
                                    -versus-
            State of Odisha                           ....       Respondent
                     Mr. Janmejaya Katikia, Additional Government Advocate



             CORAM:
             THE CHIEF JUSTICE
             JUSTICE R. K. PATTANAIK


                                       ORDER

Order No. 12.08.2022

06 1. This appeal is directed against the judgment dated 28th February, 2005 passed by the learned Additional Sessions Judge (I), Dhenkanal in Criminal Trial (Sessions) No.39 of 2004/9 of 2004.

2. It is seen that the present Appeal sent from jail was by two Appellants i.e. Ganga @ Gangadhar Naik (Appellant No.1) and Sikhara Naik (Appellant No.2).

3. 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

No.1 Ganga @ Gangadhar Naik and ordered his premature release and pursuant thereto, he has already been released.

4. In view of the above, the appeal as far as Appellant No.1 Ganga @ Gangadhar Naik is concerned has become infructuous and is disposed of as such. However, he is at liberty to approach the Court for revival of this appeal, in case he wishes to have the appeal decided on merits.

5. Consequently, the present appeal will continue as far as the co- Appellant, Sikhara Naik is concerned. A report be called for from the jail authority about him for the next date including the total number of years spent by him in custody. The cause title of the present appeal be corrected as Sikhara Naik v. State of Odisha.

6. List on 25th August, 2022.

(Dr. S. Muralidhar) Chief Justice

(R. K. Pattanaik) Judge

M. Panda