P.SAM KOSHY,J. - (1.) The Appellant stands convicted and sentenced to undergo R.I. for 3 months and to pay fine of Rs.500/- in default of which, to undergo additional S.I. for 30 days under Section 294 of IPC and to undergo R.I. for 10 years and to pay fine of Rs.2000/- in default of which, to undergo additional S.I. for 90 days under Section 307 of IPC, with a direction to run both the sentences concurrently, as ordered on 4.2.2016 by the Sixth Additional Sessions Judge, Durg, in Sessions Trial No. 148 of 2013.
(2.) Pending the appeal before this Court, the Complainant has filed an application under Section 320(5) of CrPC seeking permission to compound the offence and for letting off the Appellant from the criminal prosecution. This Court on an earlier occasion had directed the Complainant to enter appearance before the Registrar (Judicial) of this Court for recording his statement. In the light of the order of this Court 4.1.2017, the Complainant had entered his appearance before the Registrar (Judicial) where his statement was recorded. In his statement, he has made a categorical statement that pending appeal the matter has been resolved amicably between the parties and they have settled their differences and dispute once and for all and as such he does not intend to further prosecute the Appellant in the instant case.
(3.) The Appellant in the instant case is in custody since the date of judgment of conviction dated 4.2.2016 as such he has remained in custody for a period of one year after the conviction was passed and during the course of the trial he has undergone custody of 2 1/2 months. Thus, in all, the Appellant has already remained in custody for a period of about 14 1/2 months.;