Jharkhand High Court: The Bench of Deepak Roshan, J. allowed a petition insofar as it modifies the sentenced to undergo the imprisonment for the period already undergone him.
In the present case the petitioner was found guilty for the offence under Section 3(a) of Railway Property (Unlawful Possession) Act and was sentenced to undergo simple imprisonment for 2 years and also directed to pay a fine of Rs 2000 and in default of payment of fine, he was further directed to undergo simple imprisonment for six months. The learned counsel for the petitioner submitted that he remained in custody for nearly one year and eight months and he has already suffered much as such some leniency may be accorded to the petitioner.
The Court held that the prosecution has proved its case beyond all shadow of reasonable doubts. But the fact that the petitioner remained in custody for more than one and a half years and the case is pending since 1994, has certainly made the petitioner suffer who remained in custody. Therefore, the Court found it “expedient in the interest of justice that the order of sentence already undergone will suffice for the ends of justice for the alleged offence”.[Fahim Khan v. State of Jharkhand, 2019 SCC OnLine Jhar 457, decided on 03-05-2019]
