Jharkhand High Court
Manan Ansari vs The State Of Jharkhand on 11 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1027 of 2008
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Manan Ansari. ..... Petitioner
Versus
The State of Jharkhand. ..... Opposite Party
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Shashank Shekhar Pd., Adv.
For the State : Mr. Arup Kr. Dey, APP
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04/Dated: 11th October, 2022
Heard learned counsel for the parties.
2. This revision application is directed against the
judgment dated 18.06.2008, passed by learned Sessions
Judge, Palamau at Daltonganj, in Cr. Appeal No. 88 of 2004;
whereby the judgment of conviction and order of sentence
dated 22.05.2004 passed by learned Judicial Magistrate, 1st
Class, Daltonganj, in G.R. Case No. 1102 of 1995,
corresponding to T.R. No. 743 of 2004; whereby the petitioner
was convicted under sections 457 and 380 of the IPC and was
sentenced to undergo R.I. for 3 years which was later modified
by learned Appellate court to 2 years for each of the offence
and both the sentences were ordered to run concurrently, has
been affirmed and appeal filed by the petitioner was dismissed
with modification in sentence.
3. Learned counsel for the petitioner fairly confines his
argument on the question of sentence on the ground that the
instant case is of the year 1995 and about 27 years have
elapsed since then and the petitioner must have suffered the
mental agony for ongoing litigation. He further submits that
the petitioner remained in custody for considerable period and
has never misused the privilege of bail and he is not habitual
offender and the only earing member of his family, as such
some leniency may be granted by this Court and sentence
may be modified to period already undergone.
4. Learned Addl.P.P. opposes the contention of the
petitioner and submits that there is concurrent finding and as
such, no interference is required.
5. After going through the impugned judgments including
the lower court records and keeping in mind the limited
submissions of the learned counsel for the petitioner and also
the scope of revision jurisdiction, I am not inclined to interfere
with the finding of the courts below and as such the
judgments of conviction passed by the learned trial court and
upheld by the learned appellate court is, hereby, sustained.
6. However, so far as sentence is concerned, it is apparent
from record that the incident is of the year 1995 and 27 years
have elapsed and the petitioner must have suffered the rigors
of litigation for the last 27 years. The petitioner remained in
custody for about 439 days and is middle aged person and
also the sole earing member of his family and sending him
back to prison at this stage will hamper the entire family.
Further, it is not stated that the petitioner has ever misused
the privilege of bail. In addition, the incident does not reflect
any cruelty on the part of the petitioner or any mental
depravity.
7. In a situation of this nature, I am of the opinion that no
fruitful purpose would be served by sending the
petitioner/convict back to prison; rather interest of justice
would be sufficed if the sentence is modified to period already
undergone.
8. Thus, the sentence passed by the learned trial Court
and upheld by the learned appellate Court is hereby modified
to the extent that the petitioner is sentenced to undergo for
the period already undergone.
9. Thus, the sentence passed by the learned trial Court
and upheld by the learned appellate Court is hereby modified
to the extent that the petitioner is sentenced to undergo for
the period already undergone.
10. With the aforesaid observations, and modification in
sentence only, the instant criminal revision application stands
disposed of.
11. The petitioner shall be discharged from the liability of
his bail bond.
12. Let a copy of this order be communicated to the courts
below and also to the petitioner through the officer- in-charge
of concerned police station.
13. Let the lower court record be sent to the court
concerned forthwith.
(Deepak Roshan, J.)
Amardeep/
