1 2026:CGHC:9159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 267 of 2018 Aavesh Korram S/o Sonnau Ram Aged About 18 Years R/o Village Jaitpuri, Police Station Sihawa, District Dhamtari, Civil And Revenue District Dhamtari Chhattisgarh. ... Appellant. versus State Of Chhattisgarh Through Station House Officer, Police Station Indagaon, District Gariyaband Chhattisgarh. ---- Respondent For Appellant : Mr. Shubham Tripathi, Advocate on behalf of Mr. Arun Shukla, Advocate For Respondent/State : Mr. Jitendra Shrivastava, GA. Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 20.02.2026. 1. This appeal has been preferred against the judgment of conviction and order of sentence dated 21.12.2017 passed by learned Session Judge, Gariyaband, (CG) in Session Trial No.26/2016, whereby appellant/accused stands convicted and sentenced as under: - 2 Conviction Sentence U/s 363 of the Indian Penal Code (in short 'the IPC') R.I. for 03 years and fine of Rs.500/-, in default of payment of fine, additional S.I. for 02 months. U/s 366 of IPC. R.I. for 03 years and fine of Rs.500/-, in default of payment of fine, additional S.I. for 02 months. Both sentences are directed to run concurrently 2. As per written instruction dated 27.05.2022 received from the Jail Superintendent, Central Jail, Raipur, (CG), present appellant has already completed his entire jail sentence awarded to him by the trial Court and released from the jail on 21.12.2018. Appellant has also deposited the fine amount imposed upon him. 3. Learned counsel for the appellant submits that since the appellant/accused has already been released from the jail after serving out the entire substantive sentence imposed upon him by the trial Court, the instant criminal appeal be disposed of accordingly. 4. Learned State Counsel has no objection to the above submission of counsel for the appellant. In this regard, he places reliance upon the dictum of Hon’ble Supreme Court in case of Suresh Singh and Another v. State of Haryana reported in 3 (2007) 13 SCC 518. Relevant portion of said judgment reads 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 (Accused 1) had expired. Death certificate was also produced alongwith 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/accused has already completed his jail sentence and released from the jail on 21.12.2018 as also deposited the fine amount imposed upon him by the trial Court and 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 instruction received from the Jail Superintendent, Central Jail, Raipur, be kept on record. Sd/- (Arvind Kumar Verma) JUDGE J.