High CourtsDivision Bench(2012) 05 JH CK 0017

Arjun Rai and Arnind Kumar Yadav vs State of Jharkhand

Jharkhand High Court · Decided on 8 May 2012

HON’BLE JUDGES
R.K. Merathia, J · Dhrub Narayan Upadhyay, J
CASE NUMBER
Criminal Appeal (DB) No. 1232 of 2006

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Judgment

5 paragraphs · 247 words

R.K. Merathia and Mr. Justice D.N. Upadhyay

1.

Both these appeals arise out of the impugned judgment of conviction and sentence passed on 30th June 2006 and 3rd July 2006 respectively by the Special Judge-cum-1st Additional Sessions Judge, Bokaro in Chas P.S. Case No. 2 of 2003 (NDPS), convicting the appellants u/s 21 (c) of N.D.P.S. Act and sentencing them to undergo R.I. for 15 years and to pay a fine of Rs. 1 lakh each and in default of fine they are further directed to undergo R.I. for one year. Learned counsel appearing for the appellants in both the appeals submitted that they have instructions to argue on the point of sentence only as the appellants have remained in jail custody for more than nine years by now.

2.

Heard. The conviction of the appellants is upheld. However, so far as sentence is concerned, it is reduced to the period already undergone by them in jail. So far as fine is concerned, it is also reduced to Rs. 10,000/-(ten thousand) each to be deposited by the appellants. In default of fine, they will have to undergo imprisonment for three months.

3.

It may be noted that the period of bonds of three years, as directed by the learned trial court has already expired and, therefore, there is no need to ask them to furnish fresh bonds.

4.

The convicting/successor court will issue modified conviction warrant. With these modification in sentence, both these appeals are disposed of.