1 2026:CGHC:5480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1108 of 2017 Mandu Ram Kashyap S/o Gagra Kashyap Aged About 22 Years R/o Village Makadee, Chhapada Para, Police Station Makadee, District Kondagaon, Chhattisgarh., Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Police Station Makadee, Civil And Revenue District Kondagaon, Chhattisgarh., Chhattisgarh ... Respondent(s) For Appellant : Mr. Brijesh Kumar Singh, Advocate For Respondent(s) : Mr. Rishi Raj Pithawa, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 31/01/2026 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 17.05.2017 passed by the Special Judge (POCSO Act) Kondagaon, District- Kondagaon, C.G. in Special Sessions Case No. 07/2014, whereby the appellant has been convicted and 2 sentenced as under:- Conviction Sentence u/s 363 of IPC RI for 2 years and fine of Rs. 200/- in default of payment of fine, R.I. for 1 month. u/s 366 of IPC RI for 5 years with fine of Rs. 500/-, in default of payment of fine RI for 2 months. u/s 376 of IPC RI for 10 years with fine of Rs. 800/- in default of payment of fine, RI for 3 months. u/s 6 of POCSO Act RI for 10 years with fine of Rs. 1000/-, in default of payment of fine, RI for 4 months. 2. When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant- Mandu Ram Kashyap 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 22.09.2022 as such, instant criminal appeal be disposed of accordingly. 3. A report dated 06.02.2023 has been received from the Office of Jail Superintendent, Central Jail, Jagdalpur (C.G.) which reads that the the appellant has completed his jail sentence awarded by the trial Court and has been released from jail on 29.09.2022. In this regard, the dictum rendered by Hon'ble Supreme Court in the matter of Suresh Singh and Another v. State of Haryana reported in (2007) 13 SCC 518 is to be considered. Paragraph-12 3 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, 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)." 4. Since the appellant has already completed his jail sentence as also deposited the fine amount and has been released from jail on 29.09.2022, accordingly the instant criminal appeal is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima