Disposed¶5

Amzad Khan v. State of Chhattisgarh

Chhattisgarh HC2 Apr 2025CRA/236/2008

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; CRA No. 236 of 2008; Amzad Khan v. State of Chhattisgarh; decided 03/04/2025 by Justice Arvind Kumar Verma; appeal under Section 374(2) CrPC against 2008 conviction under IPC Sections 307, 392, 394 r/w 397 (ST No. 148/2007, Durg); appeal disposed of as infructuous because sentence already undergone, fine deposited and convict released on 18.09.2012 (confirmed by Central Jail Durg PUD dated 30.09.2020); relied on Suresh Singh v. State of Haryana (2007) 13 SCC 518; keywords: infructuous appeal, sentence completed, release from jail, disposal of criminal appeal.

What did the court decide?

Since the appellant had already completed his jail sentence, deposited the fine amount and was released from jail on 18.09.2012, the instant criminal appeal was disposed of as infructuous. ¶5

Amzad Khan Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:15783

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 236 of 2008

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1 - Amzad Khan S/o Gaffar Khan, Aged About 28 Years R/o Village- Dhaurabhata, P.S. Baghabahara, Distt.- Mahasamund (C.G.)

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... Appellant(s)

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versus

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1 - State Of Chhattisgarh

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... Respondent(s) For Appellant(s) : Mr. Ghanshyam Patel, Advocate For Respondent(s) :

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Hon’ble Shri Justice Arvind Kumar Verma, Judge

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Judgment on Board

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03/04/2025

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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 02.02.2008 passed by the Court of 2^nd Additional Sessions Judge Durg,

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(C.G.) in Sessions Trial No. 148/2007, whereby the appellant has been

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convicted and sentenced as under :-

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Conviction	Sentence
U/s 307 of IPC	R.I. for 10 years and fine of Rs. 1000/-, in default of fine additional R.I. for 3 months.
U/s 392 of IPC	R.I. for 7 years and fine of Rs. 1000/-, in default of fine additional R.I. for 3 months.
U/s 394 r/w 397 of IPC	R.I. for 10 years and fine of Rs. 1000/-, in default of fine additional R.I. for 3 months.

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When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant- Amzad Khan 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 18.09.2012, as such, instant criminal appeal be disposed of accordingly.

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As per the PUD dated 30.09.2020 received from Office of Jail Superintendent, Central Jail, Durg (C.G.) it has been informed that the appellant has already completed his jail sentence awarded to him by the trial Court and has been released from jail on 18.09.2012.

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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 :-

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"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)."

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Since the appellant has already completed his jail sentence and has also deposited the fine amount and has been released from jail on 18.09.2012, therefore, instant criminal appeal is disposed of as infructuous .

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(Arvind Kumar Verma)

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JUDGE

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Madhurima

Amzad Khan v. State of Chhattisgarh

Case brief

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Amzad Khan v. State of Chhattisgarh

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