S A RAVI S/O ANNAMALAI Vs. STATE THROUGH CENTRAL BUREAU OF INVESTIGATION HAVING THEIR OFFICE AT ALTINHO PANAJI GOA R/BY SENIOR PUBLIC PROSECUTOR C B I

JUDGEMENT

(1.) HEARD Mr. R. Singh, learned Counsel for the appellant and Mr. J. Vaz, learned Special Public Prosecutor for the respondent.

(2.) BY this appeal, the appellant challenges the sentences imposed on him by the Chief Judicial Magistrate, Margao for the offences punishable under Sections 420, 467, 468, 471 and 120B of I.P.C. in Criminal Case No.64/S/2001/A.

(3.) INITIALLY, the appellant herein filed revision application to the Additional Sessions Court at South Goa, Margao, which was partly allowed. The learned Sessions Judge by judgment and order dated 12th November, 2010 inter alia held that the revision application was maintainable. The learned Judge set aside the period of sentence of 1 year Rigorous Imprisonment for the offence punishable under Section 471 of I.P.C. The said judgment and order was challenged before this Court by filing Criminal Writ Petition No.1/2011. By order dated 17th January, 2011, I held that the revision application filed by the appellant herein before the Sessions Court, was not maintainable and consequently, set aside the judgment and order dated 12th November, 2010 passed by the Additional Sessions Judge, South Goa, Margao. However, liberty was given to the appellant to file appeal before this Court challenging the order imposing sentences on the appellant by the Chief Judicial Magistrate, Margao since the said order is appelable in terms of Section 375(b) of Cr.P.C. Pursuant to the said liberty, the appellant filed present appeal with an application for condonation of delay. After condoning the delay, the appeal was admitted. Since there was serious dispute as to the actual period of imprisonment undergone by the appellant, this Court by order dated 24th February, 2011 directed the learned Chief Judicial Magistrate, Margao to decide the period of set off which the accused is entitled to in Criminal Case No.64/S/2001/A. Pursuant to the said order, the learned Chief Judicial Magistrate has forwarded to this Court order dated 16th March, 2011, which has been passed after giving an opportunity of being heard to both sides.