MANOJ SHARMA vs STATE OF CHHATTISGARH

Court: Chhattisgarh High Court
Case type: CRIMINAL APPEAL
Decided on: 27-03-2026

<div> 2026:CGHC:14508 1 2026:CGHC:14508 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 180 of 2018 Manoj Sharma S/o Karuna Kar Sharma Aged About 30 Years R/o Village Regdi, P. S. Lailunga, Distt. Raigarh Civil And Revenue District Raigarh Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through P. S. Lailunga, Distt. Raigarh District Raigarh Chhattisgarh. ---- Respondent For Appellant : Ms. Anjali Singh Chouhan, Advocate through Legal Aid For State-Respondent : Mr. Raj Kumar Sahu, PL Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board 27/03/2026 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 26.12.2017 passed in Sessions Case No. 140/2010 by the First 2026:CGHC:14508 2 Additional Sessions Judge, Raigarh (C.G.), whereby the appellant has been convicted and sentenced as under :- </div><table><thead><tr><th>Conviction</th><th>Sentence</th><th>In Default</th></tr></thead><tbody><tr><td>Under Section 395 of IPC</td><td>R.I. for 03 years and fine amount of Rs.200/-</td><td>Additional RI for 06 months</td></tr></tbody></table><div> 2. When the case is taken up for hearing, learned counsel for the appellant submits that the appellant has sentenced to RI for 03 years. However, the appellant has served the jail sentence 03 years, 06 months and 05 days and at present, he is in jail. She further submits that the fine amount has already been deposited by the appellant, as such, the appellant may be released from jail forthwith. 3. Learned State counsel submitted the jail report of the Jail Superintendent, District Jail, Raigarh dated 25.03.2026 and would submit that the appellant has already served the jail sentence 03 years, 06 months and 05 days out of 03 years’ jail sentence and at present, he is in jail. 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 reference :- 2026:CGHC:14508 3 "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. Since the appellant has already served the entire sentence and he is in jail at present, the instant criminal appeal is disposed of with direction that the appellant be released from the jail forthwith. 5. Registry is directed to send a certified copy of this judgment along with the original record of the case to the trial Court concerned forthwith for necessary information and compliance. 2026:CGHC:14508 4 6. Let the written instructions received from the Jail Superintendent, District Jail, Raigarh (C.G.), be kept on record. Sd/- (Arvind Kumar Verma) Judge Vasant</div>