First-time offenders may have their sentences modified to time served, considering the nature of the offence and prior custody.

JUDGMENT :

S. N. PATHAK, J.

I.A. No. 8048 of 2024

1. The instant Interlocutory Application has been filed under Section 5 of the Limitation Act.

2. Learned counsel for the Opp. Party Mr. Prabir Kumar Chatterjee opposes the contention of the petitioner and submits that delay of 66 days is there which remains un-explained.

3. However, the Court is fully satisfied with the cause shown. Therefore, limitation of 66 days is hereby condoned.

4. Interlocutory Application No. 8048 of 2024 stands allowed.

I.A. No. 11645 of 2024

5. The instant Interlocutory Application has been filed for exemption from surrender.

6. Since the petitioners have already surrendered, this Interlocutory Application has become infructuous.

7. Accordingly, I.A. No. 11645 of 2024 stands dismissed as infructuous.

I.A. No. 78 of 2025

8. Learned counsel for the petitioners seeks permission to withdraw this interlocutory application, which has been filed for grant of bail during the pendency of the Cr. Revision Petition.

9. This interlocutory application stands dismissed as withdrawn.

Cr. Rev. No. 1177 of 2024

10. This criminal revision application has been filed against the judgment dated 05.02.2024 passed in Cr. Appeal No. 15 of 2023 passed by learned Sessions Judge, Gumla, whereby the learned appellate Court while confirming the judgment of conviction for the offence under Section 12 of the Jharkhand Bovine Animal Prohibition to Slaughter Act, 2005 passed in G.R. No. 794 of 2018 by the learned Sub-Divisional Judicial Magistrate, Gumla, has modified the sentence to undergo imprisonment for eight months with fine of Rs. 500/- for the offence under Section 12 of the Jharkhand Bovine Animal Prohibition to Slaughter Act, 2005 and fine of Rs.50/- for the offence under Section 11 (1) (a)(d) of the Prevention of Cruelty to Animals Act and acquitted them for the offence under Section 414 of the Indian Penal Code.

11. Learned counsel appearing for the petitioners, at the very outset, confines his argument only with respect to sentence awarded by the learned Appellate Court. Learned counsel submits that this is the first offence of the petitioners and as such, they may be sentenced to the period already undergone by them. Learned counsel submits that the petitioners have already remained in custody for about 03 months.

12. Considering the nature of trial and the fact that the petitioners have already remained in custody for about 03 months and as such sentencing part of the learned appellate court is hereby, modified and reduced to the period already undergone by the petitioners.

13. In view of the above, the order dated 160.3.2023 passed in G.R. No. 794 of 2018 passed by the learned Sub-Divisional Judicial Magistrate, Gumla, as also the judgment dated 05.02.2024 passed in Criminal Appeal No. 15 of 2023 are, hereby, quashed and set aside. The petitioners are, accordingly, acquitted of the charge.

14. Since the petitioners are in custody, they are directed to be released at once, if not wanted in any other case.

15. With the above modification of the sentencing part, the present revision is hereby, disposed of.