Nand Kishor Devangan vs State Of Chhattisgarh
2025 Latest Caselaw 1499 Chatt

Chattisgarh High Court

Nand Kishor Devangan vs State Of Chhattisgarh on 28 January, 2025

                                           1




                                                               2024:CGHC:37353
                                                                             NAFR

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRA No. 867 of 2021

  •        Nand Kishor Devangan S/o Chamar Rai Devangan, Aged About 53 Years
           R/o. Ravanbhata Para, Police Station Pithora, District - Mahasamund
           Chhattisgarh.
                                                                 ... Appellant(s)

                                          versus
  •        State of Chhattisgarh Through - Police Station Pithora, District
           Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh.

                                                                  ---- Respondent

For Appellant : Mr. Sajal Gupta, Advocate on behalf of Mr. Utkal Pradhan, Advocate.

For Respondent/State : Mr. GL Uikey, Panel Lawyer.

Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board

28.01.2025.

1. This appeal has been preferred against the judgment of conviction

and order of sentence dated 29.07.2021 passed by learned Session

Judge, Mahasamund, (CG) in Session Trial No.38/2019, whereby

appellant/accused stand convicted and sentenced as under: -

Conviction Sentence

U/s 306 of the Indian R.I. for 05 years and fine of Rs.500/-, Penal Code in default of payment of fine, additional R.I. for 01 month.

2. Learned State Counsel submits that as per direction of this Court, she

has received a written instruction from Jail Superintendent, Central

Jail, Raipur, and would submit that the appellant has already

completed his jail sentence awarded to him by the trial Court and

released from jail on 15.08.2023. 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 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)."

3. At this stage, learned counsel for the appellant submits that since

appellant has already been released from jail after serving out the

entire jail sentence, he does not want to press this appeal on merit.

As such, instant criminal appeal be disposed of accordingly.

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 15.08.2023 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 received from the Jail Superintendent,

Central Jail, Raipur, be kept on record.

Sd/-

(Arvind Kumar Verma) JUDGE

J.