Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 46 (JHR)

Raheem Ansari @rahim Ansari v. State Of Jharkhand

2018-01-05

ANANT BIJAY SINGH

body2018
JUDGMENT Anant Bijay Singh, J. – The instant Criminal Revision filed on behalf of the petitioner, Raheem Ansari @Rahim Ansari has been pressed. 2. Heard learned counsel appearing for the petitioner and learned counsel for the State. 3. The instant Criminal Revision being Cr. Revision No.226 of 2012 has been filed by Raheem Ansari @Rahim Ansari being aggrieved and dissatisfied by the order and judgment dated 11.01.2012 passed in Cr. Appeal No.22 of 2011 by the then learned Sessions Judge, Bokaro, who under his judgment affirmed the conviction and the sentence of the appellant under Section 411 I.P.C. which was awarded in connection with G.R. No.288 of 2000 corresponding to T.R. No.405 of 2011 passed by Sri Kumar Dinesh, learned S.D.J.M., Bokaro, who under judgment dated 05.02.2011, has held the petitioner guilty under Section 411 IPC, awarded RI for 2 years. 4. The fact giving rise to instant Cr. Revision application is as follows :- (a) That one Rajendra Satpathi, Inspector, CISF Unit, B.S.L. Bokaro gave a written report to the officer in charge, Balidih Police Station Bokaro, alleging therein that in the intervening night of 20.03.2000 at 3.30 a.m. while he was on checking duty, he saw two persons riding in a scooter and was intercepted, two persons were apprehended, one person fled away and one person who is petitioner herein and it appears that the copper and other articles were being carried on in the Scooter. Accordingly, seizure list was prepared. Balidih P.S. Case No.31 of 2000 under Section 379/411 was instituted. 5. Further it appears that the petitioner was arrested and has been remanded in this case on 2.03.2000 and only on 27.06.2000, he was admitted on bail in Cr. Misc. No.3339 of 2000 by this Court. 6. The petitioner faces the trial before the learned Magistrate in connection with G.R. No.288 of 2000 corresponding to T.R. No.405 of 2011, who under judgment dated 05.02.2011 has held him guilty under Section 411 IPC and awarded 2 years. The petitioner preferred Crl. Appeal No.22 of 2011 before the Court of learned Sessions Judge, Bokaro, who under judgment dated 11.01.2012 has affirmed the sentence and hence, the present Cr. Revision application has been filed before this Court. 7. The petitioner preferred Crl. Appeal No.22 of 2011 before the Court of learned Sessions Judge, Bokaro, who under judgment dated 11.01.2012 has affirmed the sentence and hence, the present Cr. Revision application has been filed before this Court. 7. Learned counsel for the petitioner while assailing the judgment of the Criminal Appeal, submitted that the learned Sessions Judge has failed to consider the seizure list was not proved in this case and further I.O. of this case was not examined which is fatal to the case of the prosecution. He further submits that he has remained in custody for almost 3 months.. 8. Mr. Ravi Prakash, learned counsel for the State appeared and opposed the prayer. 9. Having heard learned counsel for the parties and having gone through the records, the instant Cr. Revision application is dismissed with modification of the sentence that the petitioner has remained in custody for 3 months and accordingly, the sentence is reduced to the period of 3 months. 10. Accordingly, the instant Criminal revision application stands dismissed with modification of the sentence, as aforesaid. 11. Let L.C.R. be sent to the concerned trial court at once.