Mukesh Gope v. the State of Jharkhand
Case brief
What is this about?
In a criminal revision against an affirmed conviction, the High Court quashed the order of imprisonment as the petitioner had already undergone custody. The Court modified the sentence to pay a fine of Rs. 10,000 within three months, allowing discharge from bail liability.
What did the court decide?
The sentence of one year rigorous imprisonment is modified to payment of a fine of Rs. 10,000 within three months; the petitioner is discharged from bail liability.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 695 of 2014
…...
Mukesh Gope .... Petitioner
Versus
The State of Jharkhand
..... Opposite Party
CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
--- For the Petitioner : Mr. Ramesh Kumar, Advocate For the State : Mr. Shivshankar, A.P.P.
08/28.11.2019 The instant application is directed against the judgment dated 10.06.2014, passed by the learned Sessions Judge, Simdega in Criminal Appeal No. 07 of 2011 whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 26.02.2011 passed by the learned Judicial Magistrate, 1st Class, Simdega in G.R. Case No. 203 of 2009 (T.R. No. 40 of 2011) whereby the petitioner has been convicted under Section 385 IPC and was sentenced R.I. for a period of one year, has been affirmed.
Issues for consideration
3 issues framed by the court
Whether the sentencing court erred in imposing imprisonment when the petitioner has already suffered rigorous litigation and custody.
Whether the sentence of one year rigorous imprisonment can be modified in lieu of fine given the lapse of 10 years.
Whether the petitioner is liable to remain in custody or should be discharged upon payment of a fine.
Parties & counsel
- petitioner
Mukesh Gope
- respondent
The State of Jharkhand
Coram
DEEPAK ROSHAN
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · November
- Registered
- Case no.
- Cr.Rev./695/2014
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