Basudev Sethi vs State Of Odisha
2022 Latest Caselaw 3966 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                JCRLA No.114 of 2005

            Basudev Sethi                              ....            Appellant
                                              Mr. A. K. Pattanaik-1, Advocate
                                         -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

10 1. This appeal is directed against the judgment dated 12th April, 2005 passed by the learned Additional Sessions Judge, Rairangpur in C.T. No.22/04 (S.T.No.252/04) convicting the Appellant for the offence punishable under Section 302 IPC and sentencing him to under to imprisonment for life and to pay a fine of Rs.2000/-, in default to further imprisonment for two months.

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