Page No.# 1/4 GAHC040001052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : W.P.(Crl.)/1/2025 Khoda Tagia Son of Late Khoda Eya, presently lodged at District Jail, Tezu, PO and PS Tezu, Lohit District, Arunachal Pradesh. Permanent address Village Loth, PO Raka, PS Yachuli, Keyi Panyor District, Arunachal Pradesh through Shri Khoda Tabang, Son of Shri Khoda Tamar, resident of P Sector, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the Secretary, Home, Govt of Arunachal Pradesh, Itanagar, Civil Secretariat. 2:The Inspector General of Prisons Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Nikita Danggen, K Gao,Honi Tana Tara,Oken Duggong,K Chotton Advocate for the Respondent : GA (AP), Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 11.04.2025 (K.R. Surana, J) Heard Ms. N. Danggen, learned counsel for the petitioner. Also heard Mr. N. Lowang, learned Senior Government Advocate appearing for the State respondents. 2. The petitioner in this writ petition was convicted by the Deputy Commissioner-cum-Ex-Officio & Session Judge, Ziro Arunachal Pradesh by judgment and sentence dated 23.07.2024 in connection with Sessions Case No. 01/2004 under Section 302/392/ 397/457 of IPC. The petitioner was sentenced to undergo rigorous imprisonment for life with fine of Rs.50,000 (Rupees Fifty- thousand only) under Section 302 of IPC; R.I for 10 years with a fine of Rs. 5000 (Rupees Five thousand only) under Section 392/397 of IPC; a fine of Rs.5000 (Rupees Five thousand only) for offence committed under Section 457 of IPC. 3. A fine of Rs.60,000 (Rupees Sixty thousand only) has already been deposited vide treasury Challan No. 8605 dated 04.02.2020. 4. It is projected that the petitioner has completed judicial incarceration of 26 Page No.# 3/4 years, 4 months, and 10 days. Accordingly, a prayer for remission was made by the petitioner, who was then undergoing a life sentence at North Lakhimpur Jail, Assam. Although the prayer for remission was sent to the appropriate authority in the Government, the said prayer was not considered. Therefore, the present writ petition has been filed under Article 226 of the Constitution of India. 5. The learned Senior Advocate has referred to the affidavit-in-opposition filed on behalf of the respondent Nos. 1 and 2, wherein it is stated that the name of the petitioner was recommended for remission vide Minutes dated 04.03.2025 by the State Level Committee. Accordingly, the said recommendation was submitted to the appropriate Government on 28.03.2025. 6. The learned Senior Advocate has produced a copy of Order No. JHQ- 18022/1/2025-(DPCA) dated 02.04.2025 by which, the Principal Secretary (Home) Department has communicated the decision of the Government to approve the premature release of the persons whose name appears on the said order, which includes the name of the petitioner at serial no. 1, Shri Khoda Tagia (Male No. AC/2486) lodged in District Jail, Tezu, Lohit District, Arunachal Pradesh, on conditions as mentioned herein. It is seen from the said order that on 08.04.2025, a copy of the order has been communicated to the Deputy Superintendent of Jail, District Jai, Tezu, Arunachal Pradesh. A copy of the said order is retained on record. 7. In view of above, the Court is of the considered opinion that as the appropriate Government has approved the premature release of the petitioner, no further orders needs to be passed in the writ petition. Page No.# 4/4 8. Accordingly on satisfaction, this writ petition stands closed. JUDGE JUDGE Comparing Assistant