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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