Babu Das @ Jadu v. The State of Assam

ORDER 16-07-2024 Heard Mr. M. Dutta, learned Amicus Curiae for the appellant as well as Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the State. The appellant Babu Das @ Jadu, was convicted and sentenced to undergo Rigorous Imprisonment for 7 years under Sections 395/397 IPC with fine of Page No.# 2/3 Rs.3,000/-, in default of payment of fine to undergo Simple Imprisonment for 1 month in terms of the judgment and order dated 10.11.2017, passed by the learned Additional Sessions Judge, Golaghat in Sessions Case No.111/2012 arising out of Bokakhat P.S. Case No.36/2012 (G.R. Case No.354/2012). Being aggrieved, the said convict preferred this appeal from jail. Though the Court admitted this Criminal (Jail) Appeal on 27.02.2018, but the said sentence imposed upon the appellant on 10.11.2017 by the learned Additional Sessions Judge, Golaghat was not suspended. During pendency of this appeal the appellant had already completed the term of sentence that was imposed upon him by the learned Additional Sessions Judge, Golaghat by the judgment and order dated 10.11.2017, noted above. In that regard, the Superintendent of District Jail, Golaghat wherein the appellant was serving the sentence in terms of said judgment and order dated

10.11.2017, by communication under Memo No. GDJ.07/2023/1175 dated

04.07.2023 informed the Registry of this Court that said convict Babu Das @ Jadu, have deposited the fine of Rs. 3,000/- in the Court of learned District and Sessions Judge, Golaghat vide receipt No. (A) 7326571 dated 11.08.2022 and was released from jail on 28.09.2022 on expiry of his sentence after setting off hazot period and remission earned. In view of the above, this Criminal (Jail) Appeal being infructuous, stands closed. Registry shall communicate this order along with a copy of the communication of the Superintendent of District Jail, Golaghat dated

04.07.2023, noted above, to the learned Additional Sessions Judge, Golaghat forthwith. Page No.# 3/3 Registry shall pay the remuneration to Mr. M. Dutta, learned Amicus Curiae, towards his professional fee, on raising a bill.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010033012018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRL.A(J)/10/2018 BABU DAS @ JADU GOLAGHAT VERSUS THE STATE OF ASSAM GHC GHY. ------------ Advocate for : MR. M DUTTA AMICUS CURIAE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK