1 2025:CGHC:17634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 742 of 2019 Banjami Deva Late Banjami Mukka, Aged About 28 Years R/o Village- Pawaraas, Ward No. 14, Sukma, Thana- Sukma, District Sukma, Chhattisgarh. ...Appellant versus State Of Chhattisgarh Through Police Station Sukma, District Sukma, Chhattisgarh. ... Respondent For Appellant : Mr. Deepak Jain, Advocate For Respondent/State : Ms. Isha Jajodia, Panel lawyer (Hon’ble Shri Justice Arvind Kumar Verma, Judge) Order on Board 17/04/2025 1) 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 14.03.2019 passed by the Court of Additional Session Judge Special Court (Naxal) Dantewada, District- South Basta Dantewada, Chhattisgarh in Session Case No. 30/2016, whereby the appellant has been convicted under Section 307 of the Indian Penal Code and sentenced rigorous imprisonment for 10 years and fine amount of Rs. 100/- ,in default of payment of fine amount two months additional rigorous imprisonment. 2) When the case is taken up for hearing, learned counsel for the 2 appellant submits that the sentence awarded to the appellant by the concerned trial court has already been completed and fine amount has already been deposited. He further submits that the appellant has already been released from jail on 26.01.2023, as such, instant criminal appeal becomes infructuous . In support of this he submitted a report received from the Office of Jail Superintendent, Central Jail, Jagdalpur, District Bastar, Chhattisgarh. 3) Learned State counsel supported the report received from the Office of Jail Superintendent, Central jail, Jagdalpur, District Bastar, Chhattisgarh. And 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. 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).” 4) Since the appellant has already completed his jail sentence as also 3 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 became infructuous and is accordingly disposed of. 5) Let the written instructions received from the Jail Superintendent, Central Jail, District Jagdalpur (C.G.) be kept on record. sd/- (Arvind Kumar Verma) JUDGE alfiza