IKRAM @ CHANDBABU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Zafar Abbas, learned counsel for the revisionist and Sri Vimlendu Triapthi, learned A.G.A.

(2.) THIS Criminal Revision is preferred against the judgment and order of the courts below, whereby revisionist Ikram @ Chand Babu has been convicted and sentenced under Sections 457, 380 IPC to undergo three years rigorous imprisonment + Rs.2000/ - as fine and a default sentence of 3 months simple imprisonment under Section 457 IPC and two years rigorous imprisonment along with Rs.1,000/ - as fine and a default sentence of 2 months simple imprisonment under Section 380 IPC.

(3.) ON 03.12.2014, learned counsel for the revisionist contended that the revisionist has already completed the sentence awarded by the courts below, thus is entitled to release. However, time was granted to learned A.G.A. to obtain instructions in this regard. Learned A.G.A. has reverted with instructions from the Jail Superintendent of Central Jail, Bareilly, wherein it is stated that the proposed date of release of the present revisionist is scheduled for 26.06.2015, as the sentence awarded by the courts below is to run separately. It is also borne out from instructions that the revisionist stands already convicted in S.T. No. 286 of 2005 under the judgment and order of conviction and sentence dated 01.08.2006. This sentence was completed on 22.10.2012 and since then only revisionist is in detention in the instant case, i.e. Case No. 2132 of 2006, under judgment and order of conviction and sentence dated 18.08.2008, which is impugned herein along with that of the appellate judgment. The revisionist is also convicted in Case no. 1697 of 2009 under judgment and order of conviction and sentence dated 09.08.2010, sentence of which is to run only after completion of the sentence of the instant case. In this view of the matter, the Court is satisfied that the revisionist has not completed the entire sentence in the instant case.