IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.1000 of 2008 GULAB DEVI Versus THE STATE OF BIHAR ----------- For the Appellant : Mr. V.K.Singh. Advocate. For the Respondent/Opposite Party: Mr. A.K.Sinha, A.P.P. 05. 27.02.2009 This appeal has been placed under the heading for ‘Office Note’. Heard learned counsel for the appellant and learned counsel for the State. Records indicate that the sole appellant, namely, Gulab Devi, filed the present appeal assailing the judgment dated 12 of September, 2008 and order of Sentence dated 15th of September, 2008 passed by 5th Additional Sessions Judge, Muzaffarpur in Rail P.S.Case No. 21/2002 (Tr.No.48/2008), whereby the present appellant was found guilty and convicted under Section 23 of the N.D.P.S.Act and was sentenced to undergo R.I. for ten years. While admitting the appeal, this court under order dated 03.02.2009, passed an order granting bail to the appellant considering the submissions that she had already remained in custody for over six years and also the fact that she was found to be suffering from Cancer. A letter dated 18.02.2009, written by the learned trial court (5th Additional Sessions Judge, Muzaffarpur) has been received in this court (placed at Flag-A). A communication bearing No.629 dated 12.02.2009 issued by the Superintendent, Sahid Khudiram Bose, Central Jail, Muzaffarpur has been enclosed. The said communication of the Superintendent 2 discloses that the sole appellant has died in course of treatment and, as such, she could not be released pursuant to the order of this court. In the facts and circumstances, the present appeal stands abated. It is accordingly disposed of. Sym ( Kishore K. Mandal, J.)