POORAN JATAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Aarti Bhatt, Advocate holding brief of Ms. Anita Singh, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(2.) This jail appeal has been preferred by appellant namely Pooran Jatav against the judgment and order of conviction dated 20.03.2013, passed by Additional Sessions Judge, Court No. 2, Agra, in Sessions Trial No. 571 of 2010, arising out of Case Crime No. 116 of 2010, under Sections 489Ka, 489Kha, 489Ga, 489Gha, 489Anga, 420, 467, 468, 471 I.P.C., Police Station New Agra, District Agra, whereby the accused-appellant was convicted and sentenced under Section 489Ka for a period of seven years imprisonment along with fine of Rs. 10,000/-, under Section 489Kha for a period of seven years imprisonment along with fine of Rs. 5,000/-, under Section 489Ga for a period of five years imprisonment, under Section 489Gha for a period of seven years imprisonment along with fine of Rs. 10,000/- and in default of fine four months additional imprisonment. It was further directed that all the sentences will run concurrently and the period underwent in jail by the accused-appellant shall be adjusted against the sentence.

(3.) During the course of argument, learned counsel for the accused-appellant has confined his argument to the quantum of sentence and has submitted that the accused-appellant has been regularly in jail from the date of passing of the impugned judgment i.e. 20.03.2013. Learned counsel for the accused-appellant has further submitted that the accused-appellant has been convicted maximum for the period of seven years imprisonment and from the date of impugned judgment, he has been in jail, which is sufficient in the facts and circumstances of the case, therefore, he has requested that either the accused-appellant should be released on undergone or substantial reduction in sentence may be made.