BHAVESHBHAI KHODABHAI SAVALIYA v. THE STATE OF GUJARAT & ANR
2022-11-11
J.B.PARDIWALA, KRISHNA MURARI
body2022
DigiLaw.ai
ORDER Leave granted. 2. Vide Order dated 22.03.2022, limited notice was issued on the quantum of sentence. 3. We have heard learned counsel for the parties. 4. The appellant herein was convicted under Section 325 of the Indian Penal Code and sentenced to two years simple imprisonment and a fine of Rs.5,000/- and to undergo simple imprisonment for three months more, in case of default. 5. The order of conviction and sentence passed by the trial Court was affirmed by the sessions Court as well as the High Court. 6. On the basis of instruction, learned counsel appearing for the appellant states that the fine has already been deposited. 7. It is undisputed fact that the appellant has remained in incarceration for almost a period of one year. 8. Considering the fact that the incident occurred 20 years back and the offence is only under Section 325 of the Indian Penal Code, while confirming the conviction, in the facts and circumstances, we find it fit to reduce the sentence to the period already undergone. Accordingly, the appellant is directed to be released forthwith. 9. The order of sentence passed by the courts below stands modified to the extent above. 10. With the aforesaid observations and directions, the appeal stands disposed of. Pending application(s), if any, shall also stand disposed of.