1 Cri-Appeal-390-01.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPEAL NO. 390 OF 2001 Shri Prakash Anant Surve, ) age 26 years, presently residing at ) Room No.504, 5th floor, Shivdarshan ) Building, Anandrao Surve Marg, ) Sandust Road, Umarkhadi, Mumbai-9. ).. Appellant (Orig. accused No.1) Versus The State of Maharashtra ) through the Senior Inspector of Police, ) Kapoorwadi Police Station, Thane. ).. Respondent (Orig. complainant). Mr. Jayant C.Gohil,Advocate, for the appellant. Mrs.V.R.Bhosale, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 4th May, 2011. JUDGMENT: 1. The appeal is filed challenging the conviction of the appellant, who was accused No.1, for the offence under Sections 324 and 452 of IPC and sentence to suffer rigorous imprisonment for two years and fine of Rs.2,000/- on each count in Sessions Case No.390/95 decided by the V Addl. Sessions Judge, Thane on 10.5.2001. 2. When the matter is taken up for final hearing, the learned Counsel for 2 Cri-Appeal-390-01.sxw the appellant states that the appellant, who was accused No.1, was arrested on 19.5.1994 and was continuously in custody till 13.5.1996 when he was granted bail, pending the trial. Thus, he was in jail only five days short of two years. According to him, he has also deposited the fine amount. In view of this, the learned Counsel does not press the Appeal against conviction, but makes a prayer that the appellant may be punished with sentence as already undergone. 3. The learned APP has no objection to the same. She confirms that as per the information received from the Central Jail, Thane, the appellant was released on 13.5.1996 and this is also corroborated by the Roznama of the trial Court which shows that the accused was arrested on 19.5.1994. In view of the facts and circumstances, no purpose will be served by arresting the accused and sending him to jail again for five days more. 4. In view of the above, the Appeal is partly allowed. While the conviction for the offence under Sections 324 and 452 of IPC is maintained, he is sentenced to undergo the imprisonment as already undergone. Appeal stands disposed of accordingly. (J.H.BHATIA,J.)