1 2026:CGHC:8603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 917 of 2020 Umashankar Yadav S/o Gopal Krishna Yadav Aged About 21 Years R/o Ramayan Chowk, Ram Mohalla, Chantidih, P.S. Sarkanda, District - Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through - S.H.O., P.S. Sarkanda, District - Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ... Respondent(s) For Appellant : Ms. Deeksha Pandey on behalf of Mr. Neeraj Choubey, Advocate For Respondent(s) : Mr. Rishi Raj Pithawa, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board 17/02/2026 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 04.01.2020 passed by Special Judge (POCSO Act, 2012) Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 2 138/2017, whereby the appellant has been convicted and sentenced as under :- Conviction Sentence U/s 8 of POCSO Act, 2012 R.I. for 5 years and fine of Rs. 10,000/- in default of fine, additional R.I. 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- Umashankar 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 20.06.2023, as such, instant criminal appeal be disposed of accordingly. 3. As per the Jail Report dated 04.02.2026 received from Central Jail, Bilaspur, 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 200.06.2023. 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 20.06.2023, therefore, instant criminal appeal is disposed of as infructuous . Sd/- (Arvind Kumar Verma) JUDGE Madhurima