2025:CGHC:20005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 490 of 2017 Sunil Shandilya S/o Sundar Shandilya, Aged About 30 Years R/o Rahul Nagar, Lakholi, Police Station Kotwali, Rajnandgaon, Chhattisgarh., Chhattisgarh ... Appellant versus State Of Chhattisgarh Through S.H.O. City Kotwali, Rajnandgaon, District Rajnandgaon, Chhattisgarh., Chhattisgarh ... Respondent For Appellant : Ms. Kanchan Kalwani, Advocate For Respondent/State : Ms. Isha Jajodia, Panel lawyer (Hon’ble Shri Justice Arvind Kumar Verma, Judge) Order on Board 01.05.2025 1) On 09.04.2025 this court issued a bailable warrant against the present appellant. 2) In pursuance of the order dated 09.04.2025, the appellant is present before this court today. His presence is hereby marked. 3) With the consent of both the parties, the matter is heard finally. 4) 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 dated08.03.2017 passed by the Additional Sessions Judge, (F.T.C.) Rajnandgaon, District- Rajnandgaon, Chhattisgarh in S.S.T. No. 57/15, whereby the appellant has been convicted and sentenced as under:- Conviction Sentence Under Section 376(2) (I) of Indian Penal Code. Rigorous Imprisonment for 10 years with fine amount of Rs. 5,000/- and in default of payment of fine amount additional Simple Imprisonment of 01 year. Under Section 04 of the POCSO Act, 2012 Rigorous Imprisonment for 10 years with fine amount of Rs. 5,000/- and in default of payment of fine amount additional Simple Imprisonment of 01 year. Both the sentences shall run concurrently. 5) When the case is taken up for hearing, Ms. Kanchan Kalwani, learned counsel for the appellant submits that the sentence awarded to the appellant by the concerned trial court has already been completed after serving out the entire substantive sentence imposed upon him by the trial Court. She further submits that the appellant has been released from jail on 11.05.2023, and in support of her submission she placed on record the release certificate of the present appellant issued from the Office of the Superintendent of Police, Central Jail, Durg, Chhattisgarh dated 11.05.2023 and in view of this, the instant criminal appeal becomes infructuous . 6) Learned State counsel supported the release certificate of the appellant received from the Office of the Superintendent of Police, Central jail, District Durg, 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).” 7) Heard both the counsels for the respective parties and perused the release certificate of the appellant with utmost circumspection. 8) Since the appellant has already completed his jail sentence as also deposited the fine amount and has been released from jail on 11.05.2023 and learned counsel for the appellant does not want to press this appeal on merits, hence, the instant criminal appeal became infructuous and is accordingly disposed of. 9) Let the written instructions received from the Office of the Superintendent of Police, Central Jail, District Durg, Chhattisgarh be kept on record. sd/- (Arvind Kumar Verma) alfiza baig JUDGE