SANTOSH DABHOLKAR Vs. STATE

JUDGEMENT

(1.) THE Criminal Revision Application as well as the Criminal appeal arise from Criminal Case No. 146/05/b and can be conveniently disposed off by this common Judgment.

(2.) THE Learned Magistrate (JMFC) by Judgment dated 24. 8. 07 had convicted the petitioner (accused, for short) under Sections 406 and 420 IPC. The Learned Additional Sessions Judge acquitted the accused under Section 420 IPC and confirmed the conviction under Section 406 ipc, and, on that count that the State has filed the appeal against the acquittal under Section 420 IPC, and, the accused has filed the revision against Judgment dated 15. 4. 08 upholding the conviction of the accused under Section 406 IPC.

(3.) THE accused was arrested on 23. 9. 05 and the Learned magistrate by impugned Judgment dated 24. 8. 07 has ordered that the accused be punished under Section 406 IPC to SI of ten months, and under Section 420 IPC to SI for one year and to pay a fine Rs. 500/- and in default to undergo SI for a period of one month. The sentence imposed upon the accused has been undergone by him, but, as submitted by the Learned Counsel, the accused still continues to be under detention in connection with some other cases filed against him and which are pending elsewhere in the country.