SHOBRATI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are five appellants in this appeal, who have been convicted and sentenced by the 2nd Additional Sessions Judge, Godda by his judgment and order dated 9-5-1995 in Sessions Case No 159/34 of 1993/1 of 1995. Appellant No. 1 has been convicted for an offence punishable under Section 148 IPC and sentenced to undergo RI for three years Further he has been sentenced to undergo RI for life under Section 307 IPC He has also been sentenced to undergo RI for life under Section 3 of the Explosive Substances Act, 1908 and five years RI under Section 5 of said Act. The remaining four appellants, i e appellant Nos 2 to 5 have been separately sentenced to undergo RI for three years under Section 148 IPC and they have been sentenced to undergo RI for life under Section 307/149 of the Indian Penal Code.

(2.) WE have heard Mr. Mukul Prasad, learned Counsel appearing in support of this appeal and Mr. Ashwini Kumar Sinha, APP for the State.

(3.) IN the result, this appeal is dismissed with the above modification in sentence. Appellants Nos. 1, 3 and 4, namely, Shobrati Mian, Ulfat Mian and Nasim Mian are in custody since 21/2 years. They are directed to be released forthwith, if not wanted in any other case. Other two appellants, i.e. appellant Nos. 2 and 5, namely, Jogi Mian and Hafiz Ansari have remained in custody for three months and they are on bail and as such they are discharged from the liability of their bail bonds. Appeal Dismissed.