RAKSHA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This is highly alarming and shocking to know that this Jail Appeal though admitted in the year 2012 (16.12.2012) and lower court record was also summoned but the appellant despite his suffering entire detention period for two months R.I. has not been let free by the concerned Jail Authority. In this case, trial took place under U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

(2.) Obviously, record reflects that this Gangster Act was numbered as 1A/12, State Vs. Raksha Ram and charge under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 was preferred on 2.1.2012 and on the same day judgment was pronounced on the plea of guilty raised by the appellant himself. It was specifically pleaded by the appellant that he may be sentenced with period already undergone, meaning thereby it was desire of the appellant that he had no objection against the charge and he wanted that he be released by imposing punishment, which is restricted to the period already undergone by him. But the trial court instead of acting on his plea imposed two years R.I. coupled with fine of Rs.5000/- and in case of default one month additional imprisonment was prescribed, meaning thereby that the appellant is in jail since January, 2012 and counting from that period two years R.I. will come to an end on 2nd of January, 2014 and then in the absence of non-payment of fine Rs.5000/-, the appellant shall be further detained for additional one month period, which will expire after 30 days period counting from 3rd January, 2014.

(3.) Obviously that period too has expired in February, 2014. Then it is obvious that the sentence imposed by the trial court has been suffered by the appellant. One of the grounds of appeal raised in the memo of appeal as ground no.2 also claims that appellant pleaded for specific sentence of period undergone before the trial court. But the trial court did not heed to that plea and imposed two years R.I. coupled with fine.