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ANSHUMAN
Ashutosh Kumar Das Son of Late Ramni Mohan Das – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Learned counsel for the petitioner and learned A.P.P. for the State present.
2. Counsel for the petitioner submits that the present criminal revision application has been filed against the judgment and order of conviction dated 17.08.2016 passed by the learned 4th Additional Sessions Judge, Bhagalpur in Cr. Appeal No. 25 of 2006 arising out of judgment and order dated 07.03.2006 passed by the learned J.M. 1st Class, Bhagalpur in Complaint Case No. 943 of 1996 by which the petitioner has been convicted under Section 323 of the I.P.C. for six months and under Section 498A of the I.P.C., simple imprisonment for two years. It was also directed that sentence shall run concurrently and the period of custody may be set off.
3. Counsel for the petitioner submits that the order impugned is basically an illegal order and passed in gross violation of Section 385 and 386 of the Cr.P.C. contending that the appellant was not appearing since last many days but all of a sudden on 17.08.2016, Court without hearing the arguments of the counsel for the appellant has passed order on merit. Therefore, according to him, the said impugned order should be set aside and matter be remitted back b
In criminal revision proceedings, courts have the discretion to suspend the execution of a fixed-term sentence when there is a prima facie case and proceedings are unlikely to be heard in the foresee....
Temporary nature of misappropriation, timely deposit of amounts, and absence of untoward incidents during trial period influenced the court's decision.
The court upheld that representation by Amicus Curiae suffices for fair hearing, dismissing the recall application for lack of legal grounds.
A criminal revision cannot be dismissed for default; it must be considered on its merits, and any order affecting personal liberty must be reasoned.
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