RAJBIR Vs. STATE

JUDGEMENT

(1.) PRESENT revision petition has been preferred by the petitioner to challenge the correctness and legality of a judgment dated 18.05.2011 of learned Metropolitan Magistrate by which he was held guilty and convicted under Section 279/304A IPC and sentenced to undergo SI for one year with fine Rs. 2,000/ - under Section 304A IPC and fine of Rs. 1,000/ - for the offence under Section 279 IPC. The petitioner unsuccessfully challenged the judgment in CA No.21/13 (old CA No.38/11).

(2.) DURING the course of arguments, the petitioner moved Crl.MA.No.1776/2015 for release on the period already undergone by him in custody. Perusal of the file reveals that the substantive sentence of the petitioner was suspended by order dated 12.12.2014 on his furnishing personal bond in the sum of Rs. 15,000/ - with one surety in the like amount to the satisfaction of the concerned Jail Superintendant. Learned counsel for the petitioner has informed that the petitioner could not come out of jail due to non -furnishing of the required surety bond and continues to be in custody.

(3.) NOMINAL roll dated 20.01.2015 reveals that the petitioner had already undergone seven months and twenty one days incarceration besides remission for twenty nine days as on 20.01.2015. Apparently, the petitioner has served out the substantial period of substantive sentence awarded to him till date. Fine is stated to have been deposited. The petitioner is not involved in any other criminal case and is a first time offender. His overall conduct in jail is satisfactory.