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2011 DIGILAW 1682 (PAT)

Jagdish Prasad v. State Of Bihar

2011-08-10

GOPAL PRASAD

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JUDGEMENT Gopal Prasad, J. 1. Heard learned counsel for the appellants and learned counsel for the State. 2. The appellants have been convicted for offence under Section 323 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. 3. However, benefit under Section 360 Cr.P.C. has not been given to the appellants and no reason has been assigned as to why the benefit under Section 360 Cr.p.C. has not been given when it was found that appellants have no criminal antecedent. 4. Having regard to the fact and circumstance, benefit under Section 360 Cr.P.C. is extended to the appellants and the appellants is ordered to be released on due admonition. Hence the appeal is allowed in part.