Kishore Jaiswal And Ors. v. State of Jharkhand
Case brief
What is this about?
High Court confirmed conviction for IPC offences but modified sentence to time served, quashing further imprisonment, citing justice despite non-compoundable nature of Section 440.
What did the court decide?
Sentence modified to period already undergone; petitioners discharged from bail liability.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 177 of 2003
- Kishore Jaiswal
- Bijay Jaiswal
- Sanjay Jaiswal … … Petitioners
Versus
- The State of Jharkhand
… … 2. Sirila Xaxa (ANM) Opp. parties
CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
--For the Petitioners : Mr. S. K. Deo, Amicus For the State : Mr. Pranay Kr. Jaiswal, A.P.P. For the O.P. No. 2 : Mr. Sabyasanchi, Advocate ---
11/21.11.2019 The instant application is directed against the judgment dated 17.01.2003 passed by the learned Sessions Judge, Gumla in Criminal Appeal No. 86 of 1999, whereby the judgment of conviction and order of sentence dated 26.10.1999 passed by the learned Judicial Magistrate, Gumla in G. R. No. 435 of 1996 arising out of Basia P. S. Case No. 28 of 1996, whereby the petitioners have been convicted and sentenced to undergo RI for two years for the offence punishable under Section 440 of the Indian Penal Code, three months RI under Section 447 of the Indian Penal Code, six months RI for 506 of the Indian Penal Code and three months RI for Section 506 of the Indian Penal Code and all the sentences were directed to run currently, has been affirmed.
Issues for consideration
3 issues framed by the court
Whether a revision court should interfere with conviction in a non-compoundable offence where a compromise has been filed but rejected by lower courts.
Whether the sentence can be reduced to the period already undergone in the interest of justice when the informant does not wish to proceed.
Whether bail bonds liability can be discharged after modifying the sentence.
Parties & counsel
- petitioner
Kishore Jaiswal
- petitioner
Bijay Jaiswal
- petitioner
Sanjay Jaiswal
- respondent
The State of Jharkhand
- respondent
Sirila Xaxa
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · November
- Registered
- Case no.
- Cr.Rev./177/2003
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