CHAND Vs. STATE

JUDGEMENT

(1.) Crl.M.A.No.4691/2019 was filed on behalf of the appellant seeking condonation of delay in institution of the appeal, which prayer was allowed in as much as the appellant was in jail.

(2.) Vide the impugned order on sentence dtd. 22/11/2018, the appellant herein was sentenced to undergo rigorous imprisonment for a term of two years qua the commission of an offence punishable under Ss. 392/34 of the Indian Penal Code, 1860, and to pay a fine of Rs.2000.00 and in default of payment of the said fine to further undergo simple imprisonment for a period of six months with the appellant having been sentenced to undergo rigorous imprisonment for a period of three years qua the commission of the offence punishable under Sec. 394 of the Indian Penal Code, 1860, and to pay a fine of Rs.3,000.00 and in default of payment of the said fine to undergo simple imprisonment for a period of nine months. The appellant was further convicted to undergo rigorous imprisonment for a period of seven years qua the commission of the offence punishable under Sec. 397 of the Indian Penal Code, 1860, and to pay a fine of Rs.5,000.00 and in default of payment of the said fine to undergo simple imprisonment for a period of one year and all the sentences were directed to run concurrently with the benefit under Sec. 428 of the Cr.P.C. having been given to the appellant as well as to the co-convict.

(3.) The notice of the appeal was issued to the State. Vide order dtd. 8/7/2019, it was considered essential to ascertain the aspect as to whether the co-convict Govinda @ Jeet had filed any appeal, whereafter the nominal roll in relation to the co-convict Govinda @ Jeet was received from the Superintendent of Prisons, Central Jail No.3, Delhi to the effect that the substantive sentence of that convict had since been completed and that he did not seek to file any appeal and that he was serving his fine sentence, which was to expire on 26/4/2020. The appellant herein as per the Nominal Roll dtd. 28/1/2019 received from the Superintendent, Central Jail No.2 Tihar, Delhi, till the date 23/1/2019 had undergone 1 year 2 months and 10 days of incarceration and the remaining sentence then was 5 years 9 months and 16 days in the event of the fine being paid.