1 2026:CGHC:1016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 96 of 2019 Bhola Yadav @ Dhanraj Yadav S/o Tarjan Yadav Aged About 40 Years R/o Village Sarseni, Police Station Hirri, District Bilaspur Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station Hirri, District Bilaspur Chhattisgarh. ... Respondent For Appellant : Mr. Amit Singh, Advocate For Respondent : Mr. Shailendra Sharma, Panel Lawyer (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/01/2026 1. The appellant has filed the instant appeal under Section 342 of the Code of Criminal Procedure, 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 08.01.2019 passed by the 3rd Additional Sessions Judge/ Special Judge Bilaspur, District Bilaspur (C.G.) in Special Criminal Case (POCSO) ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.10 12:51:07 +0530 2 No.39/2017 whereby the appellant has been convicted and sentenced as under :- Conviction Sentence U/S 342 of R.I. for five years with a fine IPC amount of Rs. 200/-, in default of Payment of fine to undergo additional R.I. for 06 months. U/S 7/ Protection of Children from Sexual Offence Act 2012 R.I. for five years with a fine amount of Rs.1000/-, in default of payment of fine to undergo additional R.I. for 6 months 2. When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant- Bhola Yadav @ Dhanraj 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 05.09.2020 as such, instant criminal appeal be disposed of accordingly. 3. Learned State counsel submitted a report dated 06.11.2025 received from the Office of Jail Superintendent, Central Jail, BIlaspur (C.G.) and would submit that the appellant has already completed his jail sentence awarded to him by the trial Court and has been released from jail on 05.09.2020. In this regard, he has placed reliance on 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. Paragraph-12 of the said judgment is relevant for the purpose, which is reproduced below for easy reference:- 3 “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 05.09.2020, accordingly the instant criminal appeal is disposed off. 5. Let the written instructions received from the Jail Superintendent, Central Jail, Bilaspur (C.G.), be kept on records. Sd/- (Arvind Kumar Verma) JUDGE Arpan