1 2025:CGHC:6156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1593 of 2021 Pawan Kumar Chaturvedi S/o Late Shri Mangal Das, Aged About 21 Years R/o Village - Ghorda, Police Station - Lalbag, District - Rajnandgaon Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Police Station - Lalbag Rajnandgaon, District - Rajnandgaon Chhattisgarh, ... Respondent(s) For Appellant(s) : Shri Gautam Khetrapal, Advocate For Respondent/State : Ms. Pushplata Khalko, PL (Hon’ble Shri Justice Arvind Kumar Verma) Judgment on Board 03/02/2025 Challenge in the present appeal is to the judgment dated 30.10.2021 passed by the learned Sessions Judge (ftc), Rajnandgaon in S.T. No. 59/2019 whereby the appellant has been convicted and sentenced as under: Conviction Sentence Under Section 354 IPC To undergo RI for 5 years and fine of Rs. 500/-, in default of payment 2 of fine to further undergo RI for 3 months Under Section 8 of the POCSO Act, 2012 To undergo RI for 5 years and to pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for 3 months Under Section12 of the POCSO, Act, 2012 To undergo RI for 3 years and to pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for 3 months 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 for the offences as mentioned above have already been completed and the fine amount has been deposited by him. He further submits that he has already been released from jail on 23.01.2024 as such, the instant criminal appeal be disposed of accordingly. 4. On the last date of hearing, learned State counsel was directed to submit the status report with regard to the jail period of the appellant. 5. In view of the above, report has been received from the Jail Superintendent, Central Jail, Durg, District Durg that the appellant has been released on 23.01.2024 after completing the jail sentence awarded to him. Learned State counsel submits that the appellant Pawan Kumar Chaturvedi has already completed the jail sentence awarded to him by the trial Court and has been released from jail on 23.01.2024. In this regard, he has placed reliance on the dictum rendered by Hon’ble Supreme Court in the matter of Suresh Singh and Another Vs. State of Haryana reported in (2007) 13 SCC 518 wherein in para 12 of the said judgment, it has been held as under: “12. It appears that thereafter on 22.01.2007, Criminal Miscellaneous Petition No. 1497 was filed wherein it was stated that Devender Singh 3 (Accused No.1) had expired. Death certificate was also produced along with the application. It was further stated that Jai Bhagwan (Accused No.2), Jai pal (Accused No.4) and Shamsher Singh (Accused No.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 No.3) and Jagbir Singh, Appellant 2 (Accused No.6.” 5. Since the appellant had already served the entire sentence and released on 23.01.2024 after availing benefit of remission and after depositing the fine amount before the trial Court and the learned counsel for the appellant does not want to press this appeal on merits, the instant criminal appeal is disposed of. 6. Let the written instructions received from the Jail Superintendent, Central Jail, Durg, District Durg be kept on record. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.04.24 11:46:07 +0530