NASIR Vs STATE OF U.P.
Case number: Crl.A. No.-000292-000292 / 2001
Diary number: 9082 / 2000
Advocates: R. D. UPADHYAY Vs
IRSHAD AHMAD
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.292 OF 2001
Nasir ...Appellant(s)
Versus
State of Uttar Pradesh ...Respondent(s)
O R D E R
Heard learned counsel for the parties.
The sole appellant was convicted under Section 399 read with Section 402 of the Indian Penal Code, 1894, and sentenced to undergo rigorous imprisonment for
a period of five years. He was further convicted under Section 25(1)(a) of the Arms Act and sentenced to undergo rigorous imprisonment for a period of one year.
Learned counsel appearing on behalf of the appellant submitted that the sentence of imprisonment awarded against his client may be reduced to the period
already undergone because the occurrence had taken place twenty nine years ago and he has remained in custody for a period of more than six months.
In the facts and circumstances of the case, we are of the view that the prayer is reasonable and deserves to be granted. Accordingly, the appeal is allowed
in-part and, while upholding the conviction of the appellant, sentence ...2/-
- 2 - of imprisonment awarded against him is reduced to the period already undergone by
him. The appellant, who is on bail, is discharged from the liability of bail bonds.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
New Delhi, July 14 2009.