IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No.896 of 2001 (Old No.2445 of 2000) Shambhu Khan @ Shamsher Khan ……. Appellant Versus The State ..…. Opposite party Dated: November 29, 2011 Sri Lokendra Dobhal, Advocate for the appellant Sri P.S. Bohara, Brief Holder for the State/opposite party Hon’ble Servesh Kumar Gupta , J. Heard the learned counsel for the parties. Learned counsel for the appellant has argued this appeal only for the reduction of the quantum of sentence. It appears that by judgment and order dated 3.8.2000, the appellant/accused Shambhu Khan @ Shamsher Khan was convicted u/s 326/34 IPC and asked to undergo three years’ R.I. He was sent to gaol on that very date and was ordered to be released on bail by the order of Allahabad High Court dated 10.10.2000. Later on, he might have filed the bail bonds in the court below and when he did not turn up in this Court, his non-bailable warrants were issued and he was sent to jail on 31.8.2010 and since then he is in prison. Learned counsel for the appellant has apprised this Court that this appellant, while undergoing the jail term, has been mentally upset, he is a very poor person, and that there is none to look after him. So, in the above circumstances, this appeal is dismissed on merits, while it is allowed on the quantum of sentence, which is reduced to one year and six months. At the same time, a fine of Rs.500/- is imposed, in addition, instead of the term of the jail which has been reduced by this Court. In default of payment of fine, he will further undergo one month’s more imprisonment. Let a copy of the order along with the lower court record be sent to the trial court concerned for compliance forthwith. (Servesh Kumar Gupta, J.) November 29, 2011 Rajeev Dang