Criminal Appeal disposed of where appellant sought release having served awarded detention. Appellant requested release on ground of excessive detention, which authorities consented to.
Appeal disposed of; appellant granted release as prayed (implied by satisfaction of authorities and disposal).
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.574 of 2009
====================================================== Bablu Singh Son of Late Ravi Shankar Singh, Resident of Village- Baruna, P.S. Bhabua, District- Kaimur (Bhabua). .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kumar Sunil, Advocate. For the Respondent/s : Mr. Sujit Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 05-08-2013 Heard.
This is an appeal preferred by the sole appellant against his conviction vide order dated 24.04.2009 for the offence under section 324 of the I.P.C. in Sessions Trial No. 59 of 2002 by Additional District & Sessions Judge, F.T.C. 4, Kaimur (Bhabua) and sentenced to undergo R.I. for three years and fine of Rs. 5,000/-, in default of which further simple imprisonment for two months and amount of fine on payment was to be paid to the injured Bhoga Singh or his heirs in the event of his death.
It is contended by learned counsel for the appellant that the sole appellant faced trial for the offence under sections 307, 326, 341 of the I.P.C. and Section 27 of the Arms Act, but he was convicted only for the offence under section 324 of the I.P.C and acquitted for other offences and he has already suffered detention for period more than awarded, since he has been in
Patna High Court CR. APP (SJ) No.574 of 2009 (5) dt.05-08-2013
2
custody also in connection with other cases and suffered conviction also thereunder.
Having regard to the facts and circumstances, learned counsel do not want to challenge conviction and sentence, but he simply intends to press release of the appellant on the ground he has already suffered detention/ imprisonment as awarded.
Learned Additional P.P. also raises no objection against prayer which appears carrying substance.
In view of above, the appeal stands disposed of.
Let a copy of this order be communicated to the court
concerned immediately through fax at the cost of the appellant.
(Akhilesh Chandra, J)
Abhay/-
2 issues framed by the court
Whether the appellant should be released on bail as he has already served the awarded period of detention/imprisonment including time spent in other cases.
Whether the appeal relating to conviction under Section 324 IPC requires further adjudication given the appellant's request for release.
Bablu Singh
State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
