NASIRKHAN MAHEMOODKHAN PATHAN Vs STATE OF GUJARAT
Bench: H.L. DATTU,CHANDRAMAULI KR. PRASAD
Case number: Crl.A. No.-000647-000647 / 2012
Diary number: 1405 / 2012
Advocates: MANISHA T. KARIA Vs
HEMANTIKA WAHI
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 647 OF 2012
NASIRKHAN MAHEMOODKHAN PATHAN ...APPELLANT
VERSUS
STATE OF GUJARAT ...RESPONDENT
O R D E R
1. This appeal is directed against the judgment and order
passed by the High Court of Judicature of Gujarat at
Ahmedabad in Criminal Appeal No.956 of 2007, dated
24.8.2009. By the impugned judgment and order, the High
Court has upheld the conviction and sentence passed by the
Sessions Court in its judgment and order dated 14.06.2007.
The Sessions Court has convicted the appellant under
Sections 365, 395, 411, 412 and 120 B of the Indian Penal
Code and to undergo Rigorous Imprisonment for a period of
10 years with a fine of Rs.10,000/-.
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2. We are informed by the learned counsel appearing for
the Respondent-State that the appellant has already
undergone nearly 9 years of the sentence. In the light of
the facts of the case, we are of the view that, if the
sentence awarded by the sessions Court and as confirmed by
the High Court is modified to the period already
undergone, it would meet the ends of justice.
3. In the peculiar facts and circumstances of the case,
we modify the aforesaid sentence awarded by the trial
court to the period already undergone by the appellant.
However, we clarify that the appellant shall pay the fine
imposed by the Trial Court.
4. Accordingly, the appellant is directed to be released
forthwith, if not required in any other case.
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5. With this observation and direction, the appeal is
disposed of.
6. Consequently, CRLMP No.5562/2012 is also disposed of.
Ordered accordingly.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI; NOVEMBER 23, 2012