BHURABHAI RANABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(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.