1 2025:CGHC:16795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 398 of 2020 Murli @ Mukesh Yadav S/o Late Ramadhar Yadav, Aged About 18 Years R/o Purani Basti, Junwani Ward No. 1 Bhilai Chowk, Jevra- Sirsa, District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Appellant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Pulgaon, District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Respondent For Appellant : Mr. Krishna Tandon, Advocate For Respondent/State : Ms. Isha Jajodia, Panel lawyer (Hon’ble Shri Justice Arvind Kumar Verma, Judge) Order on Board 09/04/2025 1) Today when the matter is called out for hearing, no one appeared on behalf of the appellant, therefore, requested for assistance from a counsel of the High Court Legal Aid Services Committee, Mr. Krishna Tandon, Advocate has been nominated to assist the Court. 2) I have gone through the judgment under appeal and the depositions of witnesses and exhibits assisted both by Advocate, Mr. Krishna Tandon through the High Court Legal Services Committee and Learned State Counsel. In view of (2014) 14 SCC 222 (Surya Baksh Singh V. State of Uttar Pradesh), I do not consider it necessary to adjourn this case and issue fresh notice to the appellant as his interest has been 2 duly taken care of by nominating another counsel from the High Court Legal Services Committee. 3) The appellant has filed the instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973, (henceforth ‘the CrPC’) questioning the judgment of conviction and sentence dated 07.02.2020 passed by learned Additional Sessions Judge (FTC) Juvenile Court, Durg Chhattisgarh in Special Juvenile Session Trial No. 02/2020 in Crime No. 554/2016 registered in police station Pulgaon District Durg Chhattisgarh whereby the appellant has been convicted under Section 307 of the Indian Penal Code and sentenced rigorous imprisonment for 03 years and fine of Rs. 1,000/- in default of payment of fine amount two months additional rigorous imprisonment. 4) When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant by the trial court has already been completed and fine amount has already been deposited. He further submits that the appellant ha already been released from jail, as such, instant criminal appeal be disposed of accordingly, 5) Learned State counsel submitted a report received from the Office of Jail Superintendent, Central Jail, Jagdalpur, District Bastar, Chhattisgarh and would submit that the appellant has already completed his jail sentence awarded to him by the trial court and has been released from jail. In this regard, he has placed reliance on the dictum rendered by Hon’ble Supreme court in the matter of Suresh Singh and Another V. State of Haryana reported in (2007) 13 SCC 518. 3 Paragraph -12 of the said judgment is relevant for the purpose, which is reproduced below for easy reference:- “12. It appears that thereafter on 22.01.2007, Criminal Miscellaneous Petition No. 1497 was filed wherein it was stated that Devender Singh (Accused 1) had expired. Death certificate was also produced along with the application. It was further stated that Jai Bhagwan (Accused 2), Jai Pal (Accused 4) and Shamsher Singh (Accused 5) be permitted to withdraw from special leave petition since all the three had already undergone the sentence and special leave on their behalf had become infructuous. The said application was allowed by the Court and the prayer was granted. Thus, out of the six accused only two have remained viz. Suresh Singh, Appellant 1 (Accused 3) and Jagbir Singh, Appellant 2 (Accused No. 06).” 6) Since the appellant has already completed his jail sentence as also deposited the fine amount and has been released from jail and learned counsel for the appellant does not want to press this appeal on merits, instant criminal appeal is disposed of. 7) Let the written instructions received from the Jail Superintendent, Central Jail, District Durg (C.G.) be kept on record. sd/- (Arvind Kumar Verma) JUDGE alfiza