1 2026:CGHC:13963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 82 of 2018 Amit Kumar Khare S/o Ramchand Khare Aged About 25 Years R/o Village Kosamda Sidh Baba Chowk P. S. Champa, District Janjgir Champa Chhattisgarh, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Police Station Champa, District Janjgir Champa, District Janjgir Champa Chhattisgarh, Chhattisgarh ... Respondent(s) For Appellant : Mr. F.S. Khare, Advocate For Respondent(s) : Mr. Rajkumar Sahu, Panel lawyer Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board 24/03/2026 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 22.12.2017 passed by Sessions Judge Janjgir-Champa, 2 (C.G.) in Sessions Case No. 23/2017, whereby the appellant has been convicted and sentenced as under :- Conviction Sentence U/s 326 of IPC R.I. for 5 years and fine of Rs. 2000/-, in default of fine, R.I. for 2 months. 2. When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant- Amit Kumar Khare 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 02.09.2021, as such, instant criminal appeal be disposed of accordingly. 3. Learned State Counsel has submitted the jail report dated 24.03.2026 and informed that the appellant has already completed his jail sentence awarded to him by the trial Court and has been released from jail on 02.09.2021. 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 been released from jail on 02.09.2021, therefore, instant criminal appeal is disposed of as infructuous . Sd/- (Arvind Kumar Verma) JUDGE Madhurima