SHIV SHANKAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment of conviction dated 20.10.2009 and the order on sentence dated 21.10.2009 in a case arising out of FIR No.253/2008 under Sections 452/323/304/34 IPC registered at Police Station: Narela.

(2.) On 22.10.2013, the nominal rolls of the appellant and that of the co-convict (appellant in CRL.A.683/2010) were called for. As per the nominal roll of the appellant, against a quantum of sentence of simple imprisonment for seven years and a fine of Rs.5,000/-, in default of payment of fine, three months' simple imprisonment under Sections 304/34 IPC, simple imprisonment for six months under Sections 323/34 IPC and simple imprisonment for three years and a fine of Rs.3,000/-, in default of payment of fine, three months' simple imprisonment under Sections 452/34 IPC (all sentences to run concurrently) in case FIR No.253/2008 under Sections 452/323/304/34 IPC, Police Station: Narela, as on 25.11.2013, he has undergone sentence for a period of five years, five months and twenty five days. The total period of remission earned by the appellant is one year, four months and twenty days. The unexpired portion of his sentence is one month and fifteen days (if fine paid). The jail conduct of the appellant is stated to be satisfactory and there is no other case pending against him. The nominal roll mentions that the appellant has been working in jail langar.

(3.) Learned counsel for the appellant states that having regard to the unexpired portion of sentence of the appellant, he does not wish to assail the impugned judgment of conviction dated 20.10.2009 on merits and only seeks to make submissions on the order on sentence dated 21.10.2009 by requesting that the appellant may be released for the period of sentence undergone by him .