Mahto and Ors Vs. State of Bihar  INSC 1265 (22 July 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO.318 OF 2002 Narsingh Mahto & Ors.
...Appellant(s) Versus State of Bihar ...Respondent(s) O R D E R Heard learned
counsel for the parties.
appellants were convicted by the Trial Court under Sections 366 and 452 of the Indian Penal Code,
1860, and sentenced to undergo rigorous imprisonment
for a period of seven years on each count. Both the sentences, however, were
ordered to run concurrently. On appeal being preferred, the High Court
confirmed the convictions. Hence, this appeal by special leave.
counsel appearing on behalf of the appellants submitted that the appellants
have remained in custody for a period of more than three years and, as the
occurrence had taken place in the year 1987, the sentence of imprisonment may
be reduced to the period already undergone by them. In the facts and
circumstances of the present case, the prayer is reasonable and must be
-2- Accordingly, the appeal is allowed in-part and, while upholding the
convictions of the appellants, the sentence of imprisonment awarded against
them is reduced to the period already undergone by them.
appellants, who are on bail, are discharged from the liability of bail bonds.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
......................J. [H.L. DATTU]
July 22, 2009.
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