2026:CGHC:11520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 312 of 2018 Roda Morya S/o Late Pakalu Aged About 45 Years Caste Madiya, R/o Koynar, Durkigudapara, Police Station Fejarpur, Distt. Bastar Chhattisgarh ... Appellant versus State of Chhattisgarh Through Police of Police Station Fejarpur (Parpa), Distt.

Bastar Chhattisgarh ... Respondent For Appellant : Ms. Smita Jha, Advocate For Respondent/State : Mr. Raj Kumar Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

10/03/2026

1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 10.11.2017 passed by the Second Additional Sessions Judge, Jagdalpur, District Bastar (C.G.) in S.T. No.63/2017 whereby the appellant has been convicted and sentenced as under:-

Digitally

ASHUTOSH signed by

MISHRA ASHUTOSH

MISHRA

2. Learned counsel for the appellant submits that the sentence awarded to the appellant by the trial court for the offence punishable under Section 324 of Indian Penal Code ie. R.I. for 2 years, has already been completed. She further submits that he has already been released from jail on 13.02.2019 as such, the instant criminal appeal be disposed of accordingly.

3. Learned State counsel has no objection to the above submission made by the learned counsel for the appellant. In this regard, he has placed reliance on the dictum rendered by 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 ready 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. I have heard learned counsel for the parties and perused the report received from the concerned jail authorities.

5. From perusal of the communication and annexed documents of the concerned jail authorities, it appears that the present appellant, had served the entire sentence after availing benefit of remission and he has been released on 13.02.2019.

6. Since the appellant had already served the entire sentence and released on 13.02.2019 after availing benefit of remission and the learned counsel for the appellant does not want to press this appeal on merits, the instant criminal appeal is disposed of.

7. Let the written instructions received from the Jail Superintendent, Central Jail, Jagdalpur be kept on record.

SD/-

SD/- (Arvind Kumar Verma)

JUDGE ashu