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Judgment
This appeal arises out of an application for a writ of habeas corpus made by the appellant to the Bombay High Court in February 1943. The
matter had come before this Court on two previous occasions in April See (''43) 30 A.I.R. 1943 F.C. 1 and May See (''43) 30 A.I.R. 1943 F.C.
1943, but the orders of this Court on those occasions did not finally dispose of the matter. By its order dated 2nd July 1943, the High Court
(by a majority judgment) dismissed the application and this appeal has been preferred against that order. The appellant takes exception to the
grounds on which the High Court has rested its judgment, including its view as to the effect of the orders of this Court. But it is admitted that the
appellant has already been released. This appeal was filed on 10th August and it is stated by the Advocate-General of Bombay that the appellant
was released on that very day, though it is not quite clear whether the order of release was passed on that date or the appellant was in fact set free
on that date. As the appellant is no longer in custody, his learned counsel admits that no order can hereafter be made on the habeas corpus
application; but he nevertheless asks us to pronounce an opinion on the correctness of the High Court''s judgment. We do not see our way to
adopt any such course. All that can be done at this stage is to dismiss the appeal on the ground that no order on the application can now be made.