Sri. Bharat Bhusan vs The State Of Meghalaya, on 6 June, 2013

[Cites 2, Cited by 1]

Meghalaya High Court

Sri. Bharat Bhusan vs The State Of Meghalaya, on 6 June, 2013

Bench: T Nandakumar Singh

     THE HIGH COURT OF MEGHALAYA
              AT SHILLONG.

             CRL. APPLEAL NO.(SH)15/2010
Sri. Bharat Bhusan,
Constable No.8825 5784 of 88 Bn.BSF,
P.O. Alamganj,
District - Dhubri, Assam.            :::: Appellant/ Accused

                 -Vs-

The State of Meghalaya,
Represented by its Secretary,
Ministry of Home (Police)
Govt. of Meghalaya, Shillong.                     :::: Respondent.

BEFORE THE HON'BLE MR JUSTICE T NANDAKUMAR SINGH For the Petitioner : Mr. P. Luikham, Adv.


For the Respondents                         :     Mr. H Kharmih, GA

Date of hearing                             :     06.06.2013

Date of Judgment & Order                    :     06.06.2013

1. Mr. P. Luikham, learned counsel for the appellant submits at the Bar that the appellant had already undergone the sentenced awarded by the ADM, Shillong vide order dated 15.09.2010 for the offence under Sections 376/448 IPC.

2. In support of his contention, Mr. P. Luikham, learned counsel for the appellant also drawn the attention of this Court to the letter dated 03.06.2013 of the Superintendent of District Jail, Shillong to him i.e. Annexure-B to the affidavit sworn and signed by the learned counsel himself. For easy reference, Annexure-B to the CRL. APPLEAL NO.(SH)15/2010 Page 1 of 3 affidavit filed by the learned counsel, Mr. P. Luikham is quoted hereunder:-

"GOVERNMENT OF MEGHALAYA OFFICE OF THE SUPERINTENDENT : DISTRICT JAIL :: SHILLONG.

No.DJS-,22/2007/Pt.1/60 Dated: Shillong, the 3rd June, 2013.

                         From:            The Superintendent,
                                          District Jail, Shillong.

                         To,
                                          Shri. P Luikham,
                                          Advocate,
                                          Counsel for the Appellant.

                         Sub:             Details of released convicts (RC) Shri. Bhrat
                                          Bhushan.

                         Ref:             Order dated 15.05.2013 passed by the

Hon'ble High Court of Meghalaya in Crl.Appl.No.(SH)15/2010.

Sir, I have the honour to furnish herewith the required information for favour of your necessary action.

01. Date of Admission in Jail = 16.03.2006.

02. Date of Conviction = 31.03.2006

03. Quantum of punishment = Sentence for 7(seven) years under Section 376 IPC for the offence of rape and 3 months simple imprisonment under Section 448 IPC.

The sentences are to run concurrently.

04. Date of transferred to Tura Jail = 03.11.2007

05. Date of released on bail/appeal = 11.07.2008

06. Date on re-admission in Shillong Jail = 15.09.2008

07. Date of released from Shillong Jail = 01.12.2012

08. Revised punishment imposed by = 5(five) years, Court (Smti.R.R. Marak, ADM) 1(one) month with a fine of Rs.

3000/- only.

The convictee at accrued to 239 days. Remission for satisfactory carrying out jobs entrusted to him and also on account of good behaviour as per Jail Rules.

Sd/-

Superintendent, District Jail, Shillong."

CRL. APPLEAL NO.(SH)15/2010 Page 2 of 3

3. Mr. H Kharmih, learned GA appearing for the respondents have not denied the contents of the said letter of the Superintendent of District Jail, Shillong dated 03.06.2013 to the learned counsel for the appellant, Mr. P. Luikham.

4. In the above factual backdrop, this present appeal has become infructuous. Accordingly, the appeal stands disposed of as infructuous.

JUDGE CRL. APPLEAL NO.(SH)15/2010 Page 3 of 3

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