SUBHOJIT DATTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER being aggrieved by the judgment dated 26th of June, 2006, passed by the Ist additional Sessions Judge, Munger in criminal Appeal No. 73 of 2005, affirming the judgment dated 8th of June, 2005 passed by the Chief Judicial Magistrate, Munger in g. R. No. 49 of 2000 (G. R. P. Jamalpur case no. 15 of 2000) holding him guilty of offence under Section 409 of the Indian Penal Code and inflicting the sentence of rigorous imprisonment for seven years and fine of Rs. 5,000/- in default to suffer rigorous imprisonment for six months, has preferred this revision application.

(2.) THE revision application was posted for consideration before a learned single judge of this Court on 8-12-2006. Being prima facie satisfied that the petitioner though found guilty of misappropriation of huge amount of public money, let off with inadequate sentence, issued notice to show cause as to why the sentence be not appropriately enhanced. This is how this case has been listed before us.

(3.) MR. Jaiswal, appearing on behalf of the State submits that sentence inflicted on the petitioner is inadequate to the gravity of the allegation and this Court in exercise of its suo motu power can enhance the sentence.