Allahabad High Court
Sukhey And Others vs State Of U.P. on 6 May, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:81114
Court No. - 81
Case :- CRIMINAL APPEAL No. - 580 of 1981
Appellant :- Sukhey And Others
Respondent :- State of U.P.
Counsel for Appellant :- Krishna Capoor,Abida Syed
Counsel for Respondent :- A.G.A.
Hon'ble Subhash Chandra Sharma,J.
Appellant no. 1-Sukhey and appellant no. 2-Nushrat have died and their appeals have been abated. Sole appellant Hashim is survived.
Heard Sri Inspectar Singh, learned counsel for appellant as well as learned A.G.A. for the State and perused the record.
This Criminal appeal has been preferred by the appellant with a prayer to allow the appeal and set aside the judgment and order dated 03.03.1981 passed by learned IVth Additional Sessions Judge, Bijnor in Criminal Session Trial No. 309 of 1979, connected with Criminal Session Trial No. 48 of 1980 and Session Trial No. 313 of 1980, convicting and sentencing the appellant under Section 395 I.P.C. for a period of four year rigorous imprisonment and under Section 412 I.P.C. for a period of three years rigorous imprisonment and acquit the appellant and also pray to release the appellant on bail during pendency of the appeal.
The facts in brief are that the appellant was convicted and sentenced under Section 395 I.P.C for a period of four years rigorous imprisonment and under Section 412 for a period of three years rigorous imprisonment by judgment and order dated 03.03.1981 regarding the incident said to have taken place on 8/9.09.1979.
Learned counsel for the appellant restricted himself to the extent of sentence awarded against the appellant and did not press the appeal regarding conviction. It is submitted that appellant is aged about 75 years and has served 1 year, 3 months and 4 days in jail as per custody certificate dated 27.04.2024.
Since the date of incident 45 years have elapsed and appellant is also become about 75 years of age, therefore, no purpose will be served by keeping him into jail, therefore, request to release him on sentence he undergone.
Learned learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the appellant as well as learned A.G.A., perusal of record, elapse of period of 45 years from the date of incident as well as the age of the appellant and the period appellant remained in jail, it appears that no purpose will be served by keeping the appellant in jail, but it will be in the interest of justice to reduce the sentence to the extent he remained in jail till now. Accordingly, the sentence awarded to the appellant is hereby reduced to the extent he remained in jail till now and the judgment and order passed by the learned trial court is modified to the aforesaid extent.
Accordingly, this appeal is partly allowed and the sentence is modified to the extent undergone.
Let copy of this judgment along with trial court record be sent to the learned trial court for necessary compliance.
Order Date :- 6.5.2024
Sunil Kr. Gupta
