Partly allowed

Davendra Singh v. the State of Jharkhand

Jharkhand HC15 Jul 2021Cr.Rev./203/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed a condonation of delay application. It then modified the sentence in a criminal revision, reducing the term to the nineteen months the petitioner had already served, while ordering him to deposit an enhanced fine of Rs. 10,000 upon release.

What did the court decide?

Sentence reduced to nineteen months; petitioner to deposit Rs. 10,000 fine on release before court below.

Davendra Singh Vs the State of Jharkhand — Specific Performance | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.203 of 2021 With

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I.A. No.2804 of 2021 With I.A. No.2805 of 2021

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Devendra Singh @ Davinder Singh

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…… Petitioner

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Versus

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The State of Jharkhand ….. Opp. Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Arvind Kr. Choudhary, Adv. For the State : Mr. V.S. Sahay, A.P.P ---------

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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---------

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04/Dated: 15th July, 2021

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I.A. No.2804 of 2021

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1. This interlocutory application has been filed under Section 5 of the Limitation Act, for condoning the delay of 91 days in preferring the present revision application.

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2. Learned A.P.P is present.

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3. In view of the reasons assigned in the interlocutory application, sufficient cause and reasonable explanation is made out, accordingly the delay is condoned.

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4. I.A. No.2804 of 2021 stands allowed.

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Cr. Revision No.203 of 2021 With

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I.A. No.2805 of 2021

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1. The instant revision has been preferred against the judgment dated 17.09.2019, passed in Criminal Appeal No.244 of 2018 by the court of learned Sessions Judge, East Singhbhum at Jamshedpur, affirming the judgment and order of sentence dated 14.09.2018, whereby the petitioner has been convicted of the offence under Sections 411/ 34 of the Indian Penal Code, by the court of learned Chief Judicial Magistrate, Jamshedpur, in G.R. Case No.268 of 2017 (T.R. No.274 of 2018), arising out of Bistupur P.S. Case No.18 of

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The petitioner has been convicted for possessing the stolen 50 packets of SKF bearings and sentenced to undergo rigorous imprisonment of two years and to pay the fine of Rs.5,000/- (Five thousand), and in default thereof, to suffer simple imprisonment of six months for the said offence.

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2. Learned counsel for the petitioner has confined his prayer only for the sentencing part and it has been argued that considering the nature of allegation and the period of custody, sentence part may be modified and reduced to the period already undergone by the petitioner. It has further been submitted by the learned counsel for the petitioner that the petitioner has remained in custody for more than nineteen months out of the imposed sentence of two years. It has been submitted that the petitioner is ready and willing to pay the enhanced amount of fine, if so imposed. On the above facts, it has been submitted that the sentencing part may be reduced to the period already undergone by the petitioner.

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3. Learned A.P.P has no objection.

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4. Heard learned counsel for the petitioner and learned A.P.P. Considering the nature of allegation, period of custody and age of the petitioner and the facts of the case, this Court is of the view that in the interest of justice, the sentence as imposed by the court below should be reduced to the period already undergone by the petitioner. Accordingly, the order of sentence/ judgment dated 17.09.2019, passed by the court of learned Sessions Judge, Jamshedpur, in Criminal Appeal No.244 of 2018 is modified to the extent that it is reduced to the period already undergone (i.e., nineteen months) by the petitioner, with the condition that the petitioner shall deposit the enhanced amount of fine of Rs.10,000/- (Ten thousand) at the time of his release in the court below.

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5. The court below shall release the petitioner forthwith, if his detention is not required in any other case, subject to payment of cost of Rs.10,000/- (Ten thousand) in the court below.

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6. With the above modification of the sentence, the present criminal revision and I.A. No.2805 of 2021 stand disposed off.

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(Rajesh Kumar, J.)

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Amar/-

Davendra Singh v. the State of Jharkhand

Case brief

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Davendra Singh v. the State of Jharkhand

Case brief

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