STATE OF GUJARAT Vs. MANHOR GYANU BAUDH

JUDGEMENT

(1.) The appellant-State has filed the present appeal under Section 377 of the Code of Criminal Procedure, 1973 for enhancement of sentence awarded to the respondent-original accused vide order dated 23rd October 1991 passed by the learned Judicial Magistrate First Class (Railway), Surat, in Criminal Case No.1665 of 1989.

(2.) Heard Mr.H.H. Parikh, learned Additional Public Prosecutor for the appellant-State. Mr.Parikh has contended that the present respondent-original accused was convicted by the learned Judicial Magistrate First Class (Railway), Surat for the offence punishable under Section 379 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of 45 days. However, it was clarified that sentence imposed upon the present respondent-original accused in Criminal Case Nos.1666 of 1989, 1667 of 1989 and Criminal Case No.3820 of 1991 shall run concurrently.

(3.) I have perused papers and order passed by the learned Magistrate. Looking to the papers produced before me it appears that the case was registered against the present respondent in the year 1989. By order dated 23rd October 1991 the learned Magistrate was pleased to convict the present respondent-original accused and Notice was issued in the year 1992 against the present respondent as per the order dated 16th July 1992 passed by this Court.