RAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant has been convicted under Sec. 379 Indian Penal Code by Sri Sher Singh C.J.M. Meerut and has been sentenced to R.I. for nine months by judgement dated 11.5.82. The appeal was heard by Sri V.P. Mathur Session Judge, Meerut in criminal appeal no. 96 of 1982 and the appeal was dismissed on both counts, conviction and sentence. The is applicant has preferred this revision petition against the said order of conviction and sentence. The grounds argued by the learned counsel for the applicant before this court are that there was no recovery from the possession of the applicant. At the same time his argument is that the applicant has remained in custody for 21/2 months and the matter is very old so his sentence undergone should be awarded as the substantive sentence reducing the sentence of nine months to the term already undergone. There is concurrent findings of both the courts below that the applicant was arrested red handed while committing theft. This offence is of serious nature. The hardened criminal nature of the accused persons in this theft is disclosed which was committed from Military Form. Taking this aspect in the mind there is no scope to interfere with the order of sentence awarded to the applicant. The revision petition has no merit. The conviction and sentence is quite justified. The revision petition is dismissed. The applicant's bail bonds granted by order dated 5.11.1982 is hereby cancelled. The applicant is directed to surrender before the court of C.J.M., Meerut within three weeks by 31.1.1995 failing which the C.J.M. Meerut will issue non bailable warrant against the applicant and notice to the bailers to secure production/arrest of the applicant and will remand him in custody to serve the term of sentence. Revision Dismissed.