1 / 3 2025:CGHC:2951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1413 of 2021 1 - Suresh Madi S/o Chandaru Aged About 35 Years R/o Village Ilmidi, Ragadpara, Police Station Ilmidi, District Bijapur, Chhattisgarh ... Appellant versus 1 - State of Chhattisgarh Through Police Station Ilmidi, District South Bastar Dantewada, Chhattisgarh ... Respondent For Appellant : Mr. Rohitashva Singh, Advocate For State : Mr. Karan Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/01/2025 1. The instant appeal has been filed against the judgment of conviction and order of sentence dated 24/09/2021 passed by the Additional Sessions Judge, Special Court (Naxal) Dantewada, District South Bastar, Dantewada (C.G.) in S.T. No.321/2018 whereby the appellant has been convicted under Section 304 Part II of IPC and sentenced to undergo R.I. for 05 years and payment of fine of Rs.500/-, with usual default stipulations. 2. 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 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.22 16:38:21 +0530 2 / 3 already been completed and fine amount has already been deposited. He would further submit that the appellant has already been released from the Central Jail, Jagdalpur, District Bastar, C.G. on 24/01/2023, as such, instant criminal appeal be disposed of accordingly. 3. Learned State counsel submitted a report dated 16.01.2025 received from the Office of Jail Superintendent, Central Jail, Jagdalpur, District Bastar, 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 24/01/2023. 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.6)." 4. Since the appellant has already completed his jail sentence as also deposited the fine amount and has been released from jail on 24/01/2023 and learned counsel for the appellant does not want to press this appeal on merits, instant criminal appeal is disposed of. 3 / 3 5. Let the written instructions received from the Jail Superintendent, Central Jail, Jagdalpur, District Bastar, C.G., be kept on record. SD/- (Arvind Kumar Verma) JUDGE ashu