Jharkhand High Court
Majhar Ansari @ Mazhar Ansari vs The State Of Jharkhand on 22 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 284 of 2021
In
I.A. No.3129 of 2021
....
Majhar Ansari @ Mazhar Ansari .... Petitioner
Versus
The State of Jharkhand .... Opposite Party
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Ashutosh Pd. Joshi, Adv.
For the Opposite Party : Ms. Priya Shrestha, APP
....
The matter was taken up through Video Conferencing. Learned counsels for the parties
had no objection with it and submitted that the audio and video qualities are good.
....
03/22.07.2021 The instant application has been filed against the order dated 25.01.2021
passed by learned Additional Sessions Judge-I, Jamtara in Criminal Appeal No.10
of 2019 who has affirmed the judgment of order of sentence dated 23.01.2019
passed by the learned Chief Judicial Magistrate, Jamtara, whereby the petitioner
has been convicted for the offence under Section 471 of the Indian Penal Code r/w
Section 465 of the Indian Penal Code in connection with Jamtara P.S. Case No.196
of 2016, corresponding to G.R. Case No.756 of 2016, T.R. No.373 of 2019 and
sentenced him to undergo R.I. for 06 months.
At the very outset, it has been submitted by the learned counsel for the
petitioner that he is confining his prayer only for the sentencing part. It has been
argued that during trial he has remained in custody from 02.09.2016 to 27.11.2016
i.e. around 02 months 25 days and after conviction by the appellate court he has
surrendered on 02.07.2021 and since then he is in jail, thus altogether he has
remained in custody for about 3 ½ months. It has been further submitted that the set
off has not been ordered as mandated by Section 428 of the Cr.P.C. Further, prayer
has been made for conversion of rest of the sentencing period to the fine.
Learned A.P.P. has opposed the prayer and submitted that the punishment
can be awarded up to two years for the said offence and the court maintaining the
restrain has given punishment of six months only and as such, sentence required no
interference.
Heard learned counsel for the parties. Perused the order passed by the
court below, it appears that petitioner has been charged under Sections 419/ 420/
468/ 471/ 414/34 of the IPC and under Sections 66(B)/ (C)/ (D) of the I.T. Act and
ultimately he has convicted under Section 471 r/w Section 465 of the Indian Penal
Code only.
Seeing the age of the petitioner and nature of crime and the period for
which he has suffered, the sentencing part is reduced to the period already
undergone with deposition of fine of Rs.5,000/- (Five Thousand). Accordingly, the
order of sentence/ judgment dated 25.01.2021 passed by learned Additional
Sessions Judge-I, Jamtara in Criminal Appeal No.10 of 2019 who has affirmed the
judgment of order of sentence dated 23.01.2019 passed by the learned Chief
Judicial Magistrate, Jamtara is modified to the extent that it is reduced to the period
already undergone by the petitioner, with the condition that the petitioner shall
deposit the fine of Rs.5,000/- (Five Thousand) at the time of his release in the court
below.
The court below is directed to issue release order forthwith on deposition
of fine of Rs.5,000/-
With the above modification of the sentence, the present criminal revision
and I.A. No. 3129 of 2021 stand disposed off.
(Rajesh Kumar, J.)
Shahid/
