SURESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals are directed against the judgment of the High Court of Judicature at Bombay, Bench at Nagpur, in criminal Revision Application No. 178 of 2003 and Criminal application No. 481 of 2009 in Criminal Revision Application no. 178 of 2003. The appellants were convicted by the Trial court under Section 324 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 250/-; in default, to undergo rigorous imprisonment for a further period of one month. The high Court upheld the conviction of the appellants.

(3.) THE appellants have already served out more than seven months of actual imprisonment. On consideration of totality of the facts and circumstances of the case, we deem it appropriate to release the appellants in view of the compounding of offence and they are convicted only for the period of imprisonment already undergone by them. We order accordingly and direct that the appellants be released forthwith if not required in any other case.