High Court of Jharkhand considered a criminal revision regarding section 498A IPC conviction. The petitioner argued excessive trial duration. Court reduced sentence to time served and discharged bail liabilities.
Sentence reduced to period undergone; petitioner discharged from bail bond liabilities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 303 of 2003
Shri Ram Mahto …… Petitioner
Versus
The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
----- For the Petitioner : Mr. A.K.Sahani, Advocate For the Opp.Party : A.P.P -----
11/Dated: 03/10/2018
The petitioner has preferred this revision application being aggrieved by and dissatisfied with the order dated 04.01.2003 passed by Sessions Judge, Gumla in Cr. Appeal No. 01/2001, whereby the judgment of conviction and order of sentence dated 05.12.2000 passed by J.M. Gumla in G.R. No. 409 of 1996 has been confirmed and the petitioner has been convicted under section 498A of the Indian Penal Code and has been sentenced to undergo R.I. for One year.
From perusal of the record, it appears that this Revision Application was filed 06.10.2005 and the LCR was called for. During pendency of this revision application, petitioner was admitted on bail.
Heard learned counsel for the petitioner and the learned Addl. P.P. Learned counsel for the petitioner has submitted that the petitioner had faced the rigors of the trial for more than 22 years and he has been sufficiently punished.
From perusal of the record, it transpires that the petitioner had remained in jail custody for about 4 ½ months and he has faced the rigors of trial since 1996 i.e. for 22 years and as such, they have been sufficiently punished. So, justice would met, if the conviction of the petitioners is maintained and sentence is reduced to the period already undergone by them.
Under the said circumstances, this revision application is dismissed with modification in the sentence awarded by the learned trial court and affirmed by the lower Appellate Court to the effect that the sentence of One year as awarded to the petitioner is reduced to the sentence already undergone by him.
The petitioners are discharged from the liabilities of his bail bonds. Office is directed to remit the lower court records to the court below.
( Anant Bijay Singh, J.)
Raman/
2 issues framed by the court
Whether the long pendency of the trial and prior jail custody justify modification of the sentence to the period already undergone.
Whether the revision application should be maintained with modification of sentence or dismissed outright.
1 provisions across 1 enactments
Shri Ram Mahto
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
