! HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.Appeal No.167312000 Appellant Khundaru s/ o Shanichalwa Nagesiya, aged 35 years, R/o village Kamlapul(DaJnchua) RS. Kusmi, DiStrict SargujaaMP) (Now CG.) Versus Respon&enf State of M.P.(Now C.G;), through ut‘ S, H . O . Kusmi, Distn'ct Sarguja A earance : Shri R.K. qain, counsel for the appellant. Shri Sushil Dubey, Government Advocate for the State. ORAL ORDER (20.02.2009) SUNIL KUMAR SINHAt J. Heard. Appellant— Khundaru had sent this appeal through Superintendent of Ceiltral Jail, Ambikapur (Sarguja) as he was convicted under Section 876 (1) IPC and sentenced to undergo RI. for 7 years and to pay a fme of Rs. 1,000/ -, in default of payment of fme to further undergo RI. for 6 months by the Sessions Judge, Sarguja in S.T.No. 138/ 1999. The appeal has not been admitted so far. The last paragraph of the impugned judgment would show that the appellant was throughout in jail since 18.3.1999 as he was not released on bail either by the Sessions Court or by the High Court. Shri R.K. Jain, learned counsel appearing on behalf of the appellant subrnits that after filing his memo of appearance on G 4.7.2000, the appellant or his family members are not in contact with him. He further submits that it appears that since the sentence of the appellant has already been undergone, the appellant may not be interested in prosecuting the appeal. Cr.App. 1673/2000 In visw of the above, learned counsel forethe appellant submits that he is not pressing this appeal any more. Accordingly, the appeal iiled by the appellant is dismissed as not pressed. (ff! sul- r’ we y/ Sun“ .Kumar Sinha 1 Judge r sunita l 2