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Md. Zakir Hussain vs The State Of Bihar on 15 September, 2023

Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia

                                                           1

                                 IN THE SUPREME COURT OF INDIA
                                   CRIMINAL APPELLATE JURISDICTION


                                     CRIMINAL APPEAL NO. 2855/2023
                               (Arising out of SLP(CRL.) No. 7915/2023)



                         MD. ZAKIR HUSSAIN                                ..APPELLANT(S)

                                                     VERSUS

                         THE STATE OF BIHAR & ANR.                         ..RESPONDENT(S)

                                                O R D E R

Leave granted.

Learned counsel for the appellant submits that though there are three concurrent findings against the appellant, the appellant was the only one singled out for sentence and fine while others got the benefit of the Probation of offenders Act, 1958. He submits that the marriage lasted for only seven days and the appellant has been in custody close to nine months.

Heard learned counsel for the parties. In view of the given facts and circumstances of the case and the case presented before us, we are inclined to modify the sentence for the period already undergone instead of the sentence of two Signature Not Verified Digitally signed by Charanjeet Kaur Date: 2023.09.15 years.

Reason:

Crl.A. @ SLP(Crl.) 7915/2023  2 The appeal is allowed to the limited extent aforesaid leaving the parties to bear their own costs.

....................J. [SANJAY KISHAN KAUL] ....................J. [SUDHANSHU DHULIA] NEW DELHI, SEPTEMBER 15, 2023.

Crl.A. @ SLP(Crl.) 7915/2023  3 ITEM NO.26 COURT NO.2 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). 7915/2023 (Arising out of impugned final judgment and order dated 01-05-2023 in CRLR No. 26/2022 passed by the High Court Of Judicature At Patna) MD. ZAKIR HUSSAIN Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 123371/2023 - EXEMPTION FROM FILING O.T.) Date : 15-09-2023 The matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. M. Shoeb Alam, adv.

Mr. Fauzia Shakil, AOR Ms. G. Chaudhary, Adv.

For Respondent(s) Mr. Anshul Narayan, Adv.

Mr. Prem Prakash, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The sentence is modified for the period already undergone instead of the sentence of two years.

The appeal is allowed to the limited extent indicated in the signed order leaving the parties to bear their own costs.

[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ] Crl.A. @ SLP(Crl.) 7915/2023