RABINDRA CHAURASIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated 11.9.2001 and order of sentence dated 12.9.2001 passed by Sri D.N. Upadhayay, 3rd Special Judge, C.B.I. (AHD) Scam-cum-Additional Judicial Commissioner, Ranchi in Sessions Trial No. 235 of 1997, by which judgment he found the appellant guilty under Sections 393/397 of the Indian Penal Code and considering his age sentenced him to undergo R.I. for 7 years. It was observed by the trial court that the appellant is in jail custody right from of his arrest i.e. on 24.8.1996.

(2.) It is submitted by the learned Counsel for the appellant that since the appellant was arrested on the spot by the witnesses and the police personnel and he was not granted bail. He has remained in custody and since then he has not released and as such he has suffered more than the sentence.

(3.) Learned Counsel for the State also admits that since the appellant was not granted bail even by the High Court and as such he has remained in full custody for more than 7 years.