Partly allowed

Samuel Kerketta v. State of Jharkhand

Jharkhand HC16 Aug 2018Cr.Rev./110/2003

Case brief

AI extract

What is this about?

Criminal revision filed by Samuel Kerketta against confirmation of conviction and sentence. Court held justice would be met by reducing the sentence to the period already undergone and discharging him from bail bonds after 15 years pendency.

What did the court decide?

Sentence reduced to period already undergone; petitioner discharged from liability of bail bonds; LCR transmitted to court below.

Samuel Kerketta Vs State of Jharkhand — Bail and Remand | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 110 of 2003

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Samuel Kerketta ….. Petitioner

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Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. A.K. Sahani, Advocate. For the State : A.P.P.

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06/Dated: 16/08/2018

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Petitioner has preferred this criminal revision being aggrieved and dissatisfied with the judgment dated 27.11.2002 passed by learned Sessions Judge, Simdega in Cr. Appeal No. 01 of 2002, whereby and whereunder the judgment of conviction and order of sentence dated 21.05.2002 passed by learned Assistant Sessions Judge-I, Simdega in Sessions Trial No. 224 of 1998, whereby and whereunder the petitioner was convicted under Sections 307 and 326 of the Indian Penal Code and was sentenced to undergo R.I. for seven years and five years respectively, has been confirmed and the appeal filed by the petitioner has been dismissed.

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From perusal of the record, it appears that this Criminal Revision Application was filed on 07.02.2003 and the same was admitted for hearing on 07.03.2003 and the LCR was called for and during pendency of the criminal revision, petitioner was admitted on bail and after a period of 15 years, the case is listed on 15.01.2018 and thereafter t today.

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Heard learned counsel for the petitioner and learned APP for the State.

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Learned counsel for the petitioner submitted that petitioner was convicted under Sections 307 and 326 of the I.P.C. and was sentenced to undergo R.I. for seven years and five years, which was upheld by the appellate court. He further submitted that the petitioner has remained in custody for two years and ten months i.e. from 28.03.1998 to 24.03.2000 and after conviction, from 21.05.2002 to 07.03.2003 and he has been sufficiently punished. So, the sentence of the petitioner may be reduced to the period already undergone by him.

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-2-

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Learned APP opposed the submission made by learned counsel for the petitioner.

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From perusal of the record, it transpires that the petitioner has remained in custody for two years and ten months i.e. from 28.03.1998 to 24.03.2000 and after conviction, from 21.05.2002 to 07.03.2003. So, justice would met, if the conviction of the petitioner is maintained and the sentence is reduced to the period already undergone by him.

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Under the said circumstances, this criminal revision is dismissed with modification in the sentence awarded by the trial court and upheld by the appellate court to the effect that the sentence as awarded to the petitioner is reduced to the sentence already undergone by him.

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The petitioner is discharged from the liabilities of his bail bonds.

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Let the LCR be transmitted to the court below forthwith.

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(Anant Bijay Singh, J.)

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Sunil/

Samuel Kerketta v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Samuel Kerketta v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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