1 2025:CGHC:2948 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 702 of 2021 Manoj Kumar Chouhan S/o Mahettar Chouhan Aged About 35 Years R/o- Sursi, Police Station - Dabhra, District - Janjgir-Champa (Chhattisgarh). ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station Dabhra, District - Janjgir-Champa (Chhattisgarh). ---- Respondent For Appellant : Ms. Monika Dey, Advocate For State-Respondent : Mr. Pranjal Shukla, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board 16/01/2025 1. Today when the matter is called out for hearing, no one appeared on behalf of the appellant I, therefore, requested for assistance from a Counsel of the High Court Legal Aid Services Committee, Ms. Monika Dey, 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, Ms. Monika Dey through the High Court Legal Services Committee 2 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 duly taken care of by nominating another Counsel from the High Court Legal Services Committee. 3. The appellant has filed the instant criminal appeal under Section 374 (2) of the Code of Criminal Procedure (2 of 1974) (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 12.04.2021 passed by the Special Judge (POCSO Act), Sakti, District Janjgir-Champa (C.G.) in Special Criminal Case No.18/2019, whereby the appellant has been convicted and sentenced as under :- Conviction Sentence Under Section 450 of IPC RI for 05 years and to pay fine of Rs.5,000/-, in default of payment of fine further SI for 06 months Under Section 376 (1) of IPC RI for 07 years and to pay fine of Rs.10,000/-, in default of payment of fine further SI for 06 months (Both sentences are directed to run concurrently) 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 3 already been deposited. She further submits that the appellant has already been released from the Central Jail, Bilaspur on 28.10.2024, as such, instant criminal appeal be disposed of accordingly. 5. Learned State counsel submitted a report dated 16.01.2024 received from the Office of Jail Superintendent, Central Jail, Bilaspur, District Bilaspur (C.G.) 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 on 28.10.2024. 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 4 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.6)." 6. Since the appellant has already completed his jail sentence as also deposited the fine amount and has been released from jail on 28.10.2024 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, Bilaspur, District Bilaspur (C.G.), be kept on record. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR