Rajdeo Mukhiya @ Rajdeo Bin And ANR v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.537 of 2002 ====================================================== RAJDEO MUKHIYA @ RAJDEO BIN & ANR ... ... Appellant/s

Versus

STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arun Kumar Tripathi, Amicus Curiae For the Respondent/s :

Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 16-09-2017 The appellants herein have been convicted in Sessions Trial No.90 of 1993 and sentenced to one year's rigorous imprisonment for offence under Section 324 I.P.C. and a fine of Rs.2000/- and in default of payment of fine, a further rigorous imprisonment for three months.

The incident in question took place on 8.7.1992 at 8:00 a.m. and from the material available on record, it is seen that the appellants have been in custody for a period of more than six and a half months. Now after such a long period of time, it is not appropriate to take them back in the custody and further direct them to undergo the remaining sentence. Instead, interest of justice would be met in case the fine is increased from Rs.2000/- to Rs.3000/- and appellants directed to deposit the remaining amount of Rs.1000/- within three months from

Patna High Court CR. APP (SJ) No.537 of 2002 dt.16-09-2017 2/2 today failing which they will have to undergo one month's further simple imprisonment.

With the aforesaid, the appeal stands disposed of. (Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 20.9.2017 Transmission Date 20.9.2017