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1967 Supreme(All) 117

K.B.ASTHANA
Ulfat – Appellant
Versus
State – Respondent


Advocates appeared:
(From Jail) Sant Kumar, for Appellant;
Govt. Advocate, for Opposite Party.

ORDER

The prisoner Ulfat was convicted for an offence under Section 395, I.P. Code by the Sessions Court at Aligarh on 11-5-1962 and was sentenced to undergo rigorous imprisonment for a term of ten years. He filed an appeal from jail which was put up before me in Chambers and was dismissed by me on 31-10-1962. However, in the mean-time Ulfat had been convicted by the Sessions Judge of Mathura for an offence under Section 395, I.P.C. and sentenced to six years' R.I. on 29-9-1962. His appeal from jail against the latter conviction was also dismissed by me in Chambers on 11-12-1962. It appears that when the Sessions Judge of Mathura recorded the conviction of Ulfat and sentenced him to six years' R.I. it was not brought to his notice that Ulfat was already undergoing a term of imprisonment under a previous conviction. No orders under S.397, Criminal Procedure Code were passed. When I dismissed the appeal of Ulfat against his subsequent conviction and maintained the sentence there was no information laid before me that the appellant was already undergoing imprisonment under a previous conviction. The prisoner Ulfat then submitted this application from jail praying that his sentence for













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