Shanti Bhushan Singh v. State of Jharkhand
Case brief
What is this about?
Criminal revision against appellate conviction for theft and theft of receipt. Court sustained conviction but modified sentence to period already undergone under Section 411 IPC and discharged petitioner from bail bond liability.
What did the court decide?
Sentence modified to period already undergone; petitioner discharged from bail bond liability.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.677 of 2010
Shanti Bhushan Singh The State of Jharkhand
Versus ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : Mr. R.C.P. Sah, Advocate For the Opp.Party : Ms. Lily Sahay, Advocate
04/12.01.2023 Heard learned counsel for the parties.
2. This criminal revision application is directed against the judgment dated 13.06.2006 passed by the learned Additional Sessions Judge, F.T.C. I, Bokaro in Criminal Appeal No. 105 of 2004, dismissing the appeal and partly upholding the judgment of conviction and order of sentence dated 04.10.2004 passed by the learned Judicial Magistrate, Ist Class, Bokaro in G.R. Case No. 1750 of 1998, corresponding to T.R. Case No. 762 of 2004, whereby the petitioner has been convicted and sentenced to undergo rigorous imprisonment for two years with a fine of Rs. 500/- under Sections 379 and 411 of the I.P.C. and in default of payment of fine the petitioner was directed to undergo simple imprisonment of one month. The conviction under section 379 I.P.C was converted to acquittal by the learned appellate court.
Issues for consideration
3 issues framed by the court
Whether to modify the sentence and discharge the petitioner given the long period of litigation and custody undergone.
Whether the conviction should be set aside given the delay and hostile witnesses.
Whether the rigors of trial justify modification of sentence to period already undergone.
Parties & counsel
- petitioner
Shanti Bhushan Singh
- respondent
The State of Jharkhand
Coram
Deepak Roshan
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · January
- Registered
- Case no.
- Cr.Rev./677/2010
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