Neutral Citation No. - 2025:AHC:65514-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 7971 of 2008 Appellant :- Gulam Mohd. Shafique Raza Respondent :- State of U.P. Counsel for Appellant :- Sarvesh Chaubey Counsel for Respondent :- Govt. Advocate Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Sarvesh Chaubey, learned counsel for the sole appellant and Shri Rahul Asthana, learned AGA for the State. 2. By drawing attention to paragraph nos.3 and 4 of the supplementary affidavit dated 05.08.2023, it is submitted that the sole appellant has been released from jail on 22.05.2023 granting remission vide order dated 23.05.2023. Copy whereof has been annexed as Annexure-1 to the supplementary affidavit and he submits that the appellant is not willing to press the present appeal. 3. Paragraph nos.3 and 4 of the supplementary affidavit are quoted as under:- "3. That the appellant after his incarceration in jail for more than 16 years, on his good conduct State Government of U.P. considered his premature release/ remission and released him on 22.05.2023. Copy of order dated 22.05.2023 as SA-I this affidavit. 4. That in view of above fact & circumstances Hon'ble High Court may please to call upon the report from State and may please to abate the criminal appeal No.7971 of 2008 pending before this Hon'ble Court." 4. We find in paragraph no.4 of the affidavit, it has been stated that the appeal may be dismissed as abated, however, learned counsel for the appellant submits that paragraph no.4 is not happily worded and he states in categorical terms that the appeal be dismissed as withdrawn. 5. The appeal, accordingly, stands dismissed as withdrawn. 6. The record of the present appeal shall remain connected with the surviving appeals. 7. List the surviving appeals as per roaster. Order Date :- 28.4.2025 / RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad