This criminal revision application sought to set aside the judgment affirming a refusal to release the petitioner. The High Court, by a brief ex parte order after hearing, modified the sentence to the period already undergone.
Sentence modified to the period of custody already undergone.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.109 of 2016 Arising Out of Bhimpur PS.Case No.38 Year 2003 District- SUPAUL =========================================================== Binod Mukhiya @ Binod Kumar Mukhiya, son of Ram Sunder Mukhiya, resident of village Belaganj, P.S. Bhimpur, Distt. Supaul. .... .... Petitioner/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Arun, Adv. For the State : Mr. Ajay Kumar 2, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-05-2016
Heard learned counsel for the Petitioner and the State.
This revision application has been filed for setting aside
the Judgment and order dated 22.9.2015 passed by the Additional District and Sessions Judge-III, Supaul in Cr. Appeal No.08 of 2013, by which he has affirmed the order dated 29.4,2013 passed by the Judicial Magistrate, 1st Class, Supaul, in G.R. No. 867 of 2003/Trial No. 1692 of 2013, by which he has refused to release the Petitioner.
However, considering the period of custody of the Petitioner as also the date of occurrence, the sentence is modified to the period already undergone by him.
(Anjana Prakash, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date17/05/2016 Transmission 17/05/2016 Date
2 issues framed by the court
Whether the criminal revision application filed by the petitioner should be allowed to modify the sentence.
Whether the judgment and order passed by the Additional District and Sessions Judge should be set aside.
Binod Mukhiya @ Binod Kumar Mukhiya
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
