State of U.P.  INSC 1212 (14 July 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO.292 OF 2001 Nasir ...Appellant(s)
Versus State of Uttar Pradesh ...Respondent(s) O R D E R Heard learned counsel
for the parties.
appellant was convicted under Section 399 read with Section 402 of the Indian
Penal Code, 1894, and sentenced to undergo rigorous imprisonment for a period
of five years. He was further convicted under Section 25(1)(a) of the Arms Act
and sentenced to undergo rigorous imprisonment for a period of one year.
counsel appearing on behalf of the appellant submitted that the sentence of
imprisonment awarded against his client may be reduced to the period already
undergone because the occurrence had taken place twenty nine years ago and he
has remained in custody for a period of more than six months. In the facts and
circumstances of the case, we are of the view that the prayer is reasonable and
deserves to be granted. Accordingly, the appeal is allowed in-part and, while
upholding the conviction of the appellant, sentence ...2/- -2- of imprisonment
awarded against him is reduced to the period already undergone by him.
appellant, who is on bail, is discharged from the liability of bail bonds.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
July 14 2009.