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BABULAL SAHU v. THE STATE OF MADHYA PRADESH

Supreme Court of India | Diary 7000/2022

Status

Order

Decided On

2022-11-04

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

BABULAL SAHU

Respondent

THE STATE OF MADHYA PRADESH

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1897 /2022 [SLP [CRL.] NO.3999/2022]

BABULAL SAHU Appellant(s)

VERSUS

THE STATE OF MADHYA PRADESH Respondent(s)

O R D E R

Leave granted.

The only issue in the present proceedings for

which notice was issued is the quantum of sentence.

In terms of the impugned judgment, the sentence is

five years. Learned counsel for the appellant has

placed a calculation of the custody period which

shows that the appellant has already been in actual

custody for 4 years 5 months and 18 days (as on

28.09.2022) and 4 years 6 months and 25 days as on

date.

It appears that there is a discrepancy in the

custody certificate as the custody of the appellant

as a convict from 04.08.2014 to 12.05.2016 has not

been taken into account.

In view of the aforesaid, we are inclined to

restrict the sentence to a period of 4 years and 6

months.

2

The appeal stands disposed of accordingly.

………………………………………..J. [SANJAY KISHAN KAUL]

……………………………………...J. [ABHAY S. OKA]

NEW DELHI; NOVEMBER 04, 2022.

3

ITEM NO.30 COURT NO.3 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3999/2022

(Arising out of impugn...

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