- (1.) R. K. Rastogi, J. This is an appeal against the judgment and order dated 24. 7. 2008 passed by Sri N. A. Zaidi then learned Special Judge (Gangsters Act), Meerut in Special Case No. 212-B of 2001 State v. Mahesh @ Pradeep.
(2.) HEARD learned Counsel for the appellant and learned Additional Govern ment Advocate for the State. Since the point involved in this appeal is legal one, I am deciding it at the admission stage on merits. The facts relevant for disposal of this appeal are that on the report of Sri Mahesh Singh Negi S. H. O. , Police Station Baraut, District Baghpat Case Crime No. 520 of 2000 was registered under section 2/3 of the U. P. Gangsters Act against the accused Mukesh @ Tola, Neeraj @ Billu and Mahesh @ Pradeep. The police after investigation, submitted a charge-sheet against the accused persons on the basis of which Special Case No. 212 of 2001 was registered against Mukesh @ Tola and Special Case No. 212-B of 2001 was regis tered against the present accused-appellant Mahesh @ Predeep and the case was pending before the learned Special Judge (Gangster Act), Meerut, where the accused appellant at the initial stage pleaded not guilty and claimed trial; but thereafter he moved an application before the Court that he wants to confess his guilt. Then the prosecution produced Sukhpal Singh as P. W. 1 and closed its evidence. The accused admitted his guilt in his statement under section 313 Cr. P. C. Thereafter the Court, taking this view that he had been in jail for 39 months, passed an order against him awarding the punishment of 39 months imprisonment with fine of Rs. 5, 000/- un der section 3 of the U. P. Gangsters Act. It was further provided that in case of default in payment of fine, he shall have to under go simple imprisonment for three months. It was further provided that the period al ready undergone by him during trial in jail shall be liable to be adjusted. Aggrieved with that order appellant Mahesh @ Pradeep has filed this appeal. Learned Counsel for the appellant submitted before me that the appellant had actually remained in jail for a period of about 24 months only and it was errone ously observed by the Court that he had been in jail for 39 months. It has been stated in ground No. 3 of the memo of appeal that he had been in jail in connection with this case during the period from 21. 6. 2000 to 24. 4. 2002 and then from 5. 5. 2008 till 24. 7. 2008. It may be mentioned that the appellant is in jail at present also.
(3.) LEARNED Counsel for the appellant further submitted that in this very case, the co-accused Mukesh had also confessed his guilt and vide judgment dated 18. 7. 2008 Sri N. A. Jaidi, learned Presiding Officer of the Court, taking into consideration this fact that he had already undergone about one and half years imprisonment in" jail awarded him sentence of two years rigor ous imprisonment and also fined Rs. 1, 000/- with a provision that in case of de fault in payment of fine, he shall have to undergo simple imprisonment for one month. A certified copy of the judgment dated 18. 7. 2008 has been produced. Let the same be kept on record. It was further submitted by learned Counsel for the appellant that both the appellants Mahesh @ Pradeep as well as co-accused Mukesh @ Tola were charged under the provisions of the Gangsters Act in the same case with similar allegations and the same charge was against both of them and both of them had confessed their guilt and under these circumstances there is no justification for awarding 39 months' rigorous imprisonment and fine of Rs. 5, 000/- to the present appellant when two years' rigorous imprisonment and fine of Rs. 1, 000/- was awarded to Mukesh Ku mar.;