1 2025:CGHC:15509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 840 of 2019 1 - Vijay Kumar Yadav S/o Devpati Yadav Aged About 28 Years R/o Village- Manpur, Police Station- Udaypur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Ajak, Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Syed Mohd. Sohail Afzal, Advocate For Respondent(s) : Ms. Isha Jajodia, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Judgment on Board 02/04/2025 1. The appellant has filed the instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 2 21.02.2019 passed by Special Judge Sarguja (Ambikapur), (C.G.) in Special Sessions (Atrocities) Case No. 90/2016, whereby the appellant has been convicted and sentenced as under :- Conviction Sentence U/s 341 of IPC S.I. for 15 days and fine of Rs. 200/-, in default of fine, additional S.I. for 7 days. U/s 323 of IPC R.I. for 6 months and fine of Rs. 500/-, in default of fine, additional R.I. for 1 month. 2. When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant- Vijay Kumar Yadav by the 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 23.08.2019, as such, instant criminal appeal be disposed of accordingly. 3. As per the Request Letter dated 12.03.2025 received from Special Judge (Atrocities), Sarguja Ambikapur, C.G. it has been informed that the appellant has already completed his jail sentence awarded to him by the trial Court and has been released from jail on 23.08.2019. 4. The Hon'ble Supreme Court in the matter of Suresh Singh and Another v. State of Haryana reported in (2007) 13 SCC 518 has held in 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, 3 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)." 5. Since the appellant has already completed his jail sentence and has also undergone the sentence awarded in default of payment of fine and has been released from jail on 23.08.2019, therefore, instant criminal appeal is disposed of as infructuous . Sd/- (Arvind Kumar Verma) JUDGE Madhurima