Single judge dismissed criminal revision against conviction and sentence. Court upheld conviction but modified sentence to extent of period of custody already undergone by petitioner.
Sentence modified to extent of period of custody undergone; revision application otherwise dismissed.
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Patna High Court CR. REV. No.120 of 2016 (3) dt.08-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.120 of 2016
====================================================== Shyam Prasad Bhagat Son of Garbhu Bhagat resident of Alam Nagar Bazar, P.S. Alam Nagar, District - Madhepura
.... .... Petitioner/s Versus The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Respondent/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 08-04-2016 The petitioner seeks revision of the order of conviction and sentence dated 07.11.2015 passed in Cr. Appeal No. 18 of 2013 by the Sessions Judge, Madhepura by which he has affirmed the order dated 29.11.2013 passed by the Sub-Divisional Judicial Magistrate, Madhepura in Alam Nagar P.S. No. 17 of 2005, G.R. No. 308 of 2005, Tr. No. 867 of 2013.
Having gone through the impugned judgment of conviction and sentence, I am unable to find any illegality in the same. However, considering the period of custody undergone by the petitioner, the period of sentence is modified to the extent of period already undergone by him.
With the aforesaid modification in sentence, the revision application is dismissed.
(Anjana Prakash, J)
Prakash/U T
2 issues framed by the court
Whether the impugned order of conviction and sentence is liable to be set aside in revision?
Whether quantum of sentence be modified to account for period of custody undergone?
Shyam Prasad Bhagat
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
