Bhaskar Swain vs State Of Odisha
2022 Latest Caselaw 4128 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    JCRLA No. 76 of 2009


            Bhaskar Swain                             ....            Appellant
                                              Ms. Padmaja Pattnaik, Advocate

                                         -versus-
            State of Odisha                           ...           Respondent
                                  Mrs. Saswata Patnaik, Addl. Govt. Advocate

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE CHITTARANJAN DASH


                                       ORDER

Order No. 23.08.2022

10. 1. This appeal is directed against the judgment dated 15th September, 2009 passed by the learned Adhoc Addl. District and Sessions Judge (Fast Track Court), Aska in S.T. Case No.5 of 2008.

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

(Dr. S. Muralidhar) Chief Justice

(Chittaranjan Dash) Judge S.K. Jena/Secy.