1 2026:CGHC:4245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 759 of 2017 Jitendra Drithlehre S/o Vishram Drithlehre Aged About 26 Years R/o Village Chitawar, Police Chowki Lawan, Police Station Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through Police Station Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh. ---- Respondent For Appellant : Mr. AH Rizvi, Advocate on behalf of Mr. Barunkumar Chakrabarty, Advocate For Respondent/State : Ms. Soniya Kuldeep, PL. Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 23.01.2026. 1. This appeal has been preferred against the judgment of conviction and order of sentence dated 04.01.2017 passed by learned District and Session Judge, (FTC), Baloda Bazar, (CG) in Spl. Case No.70/2014, whereby appellant/accused stand 2 convicted and sentenced as under: - Conviction Sentence U/s 8 of the POCSO Act R.I. for 03 years and fine of Rs.1,000/-, in default of payment of fine, additional R.I. for 02 months. Both sentences are directed to run concurrently 2. When the case is taken up for hearing, learned counsel for the appellant submits that the appellant/accused has already been released from jail after serving out the entire substantive sentence imposed upon him by the trial Court. Appellant has also deposited the fine amount imposed upon him. As such, instant criminal appeal be disposed of accordingly. 3. Learned State Counsel contended that as per instruction dated 26.02.2022 of Jail Superintendent, Central Jail, Raipur, the appellant-accused has already completed his jail sentence awarded to him by the trial Court and released from jail on 23.07.2018. 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 (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 3 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).” 4. Since the appellant/accused has already completed his jail sentence as also deposited the fine amount imposed by the trial Court and has been released from jail on 23.07.2018 and learned counsel for the appellant does not want to press this appeal on merits, instant criminal appeal is disposed of. 5. Let the written instruction dated 26.02.2022 of Jail Superintendent, Central Jail, Raipur, be kept on record. Sd/- (Arvind Kumar Verma) JUDGE J.