Devraj Dhruw Vs State Of Chhattisgarh

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 26.12.2017 passed by the 4^th Additional Sessions Judge, Bilaspur, District Bilaspur (C.G.) in S.T. No. 107/2017, whereby the appellant has been convicted and sentenced as under :-

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Conviction	Sentence
U/S 306 of	R.I. for five	years with a fine
IPC	amount of Rs.	500/-, in default of
	payment of	fine to undergo
	additional R.I.	for 03 months.

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Today, no one appeared on behalf of the appellant when the matter was called out. I, therefore, this Court deems it appropriate to decide the appeal by appointing a counsel from the High Court Legal Aid Committee. Ms. Seema Singh, empanelled legal aid counsel, is hereby appointed as a counsel for the appellant to argue the appeal on his behalf. The Secretary, High Court legal Aid Committee is directed to issue authorization letter in her favour. I have gone through the judgment under appeal and the depositions of witnesses and exhibits assisted by Ms. Seema Singh through the High Court Legal Services Committee and Learned State Counsel. In view of (2014) 14 SCC 222 (Surya Baksh Singh v. State of Uttar Pradesh). I do not consider it necessary to adjourn the case and issue fresh notice to the appellant as his interest has been duly taken care of by nominating another Counsel from the High Court Legal Services Committee.

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When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellantDevraj Dhruw 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 08.06.2021 as such, instant criminal appeal be disposed of accordingly.

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Learned State counsel submitted a report dated 09.06.2022 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 08.06.2021. 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

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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 as also deposited the fine amount and has been released from jail on 08.06.2021, accordingly the instant criminal appeal is disposed of.

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Let the written instructions received from the Jail Superintendent, Central Jail, Bilaspur(C.G.), be kept on records.

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Sd/- s Sd/-SSd

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(Arvind Kumar Verma) JUDGE

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U.K. Raju

Devraj Dhruw v. State Of Chhattisgarh

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Devraj Dhruw v. State Of Chhattisgarh

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