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SURESH v. STATE BY INSPECTOR OF POLICE

Supreme Court of India | Diary 512/2010

Status

Order

Decided On

2023-02-16

Bench

HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE VIKRAM NATH and HON'BLE MR. JUSTICE SANJAY KAROL

Petitioner

SURESH

Respondent

STATE BY INSPECTOR OF POLICE

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 691-692/2010

SURESH ETC. APPELLANT(S)

VERSUS

STATE BY INSPECTOR OF POLICE RESPONDENT(S)

O R D E R

1. Learned counsel appearing for the appellants does not

press the appeals on merits. He, however, submits that the

appellants have already served a sentence of more than seven

years, prior to 05.04.2010, the date on which they were

granted bail by this Court.

2. He submits that the minimum sentence for the offences

punishable under Section 397 read with Section 395 of the

IPC is seven years. Insofar as other offences are

concerned, the sentence provided is less than that.

3. Dr. Joseph Aristotle S., learned counsel appearing on

behalf of the respondent vehemently opposes the appeal.

4. Though, he submits that, taking into consideration the

allegations proved against the appellants, the learned Trial

Judge has rightly sentenced them to suffer rigorous

imprisonment for nine years, he, however, fairly conceded

that there are no other criminal antecedents against the

appellants herein. He also fairly submits that it is also

not found that after being released on bail they have

misused the liberty.

5. In that view of the matter, we find that, while

upholding the conviction, the sentence awarded deserves to

be reduced to seven years. Ordered accordingly.

6. The appeals are partly a...

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