ZAMIL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant, Smt. Alpana Singh, learned A.G.A. for the State and perused the record.

(2.) This appeal has been preferred against the judgment and order of conviction dated 08.05.2015, passed by Special Judge (Gangster Act)/Additional District and Sessions Judge, Court No. 2, Baghpat, in Special Sessions Trial No. 129 of 2009, arising out of Case Crime No. 289 of 2009, under Section 2/3 of Gangster and Anti Social Activities Prevention Act, 1986, Police Station Khekada, District Baghpat, whereby the accused-appellant was convicted and sentenced for a period of six years rigorous imprisonment along with fine of Rs. 5000/- under Section 2/3 of Gangster and Anti Social Activities Prevention Act, 1986 and in default for two months additional imprisonment.

(3.) During the course of argument, learned counsel for the accused-appellant has confined his argument to the quantum of sentence and has submitted that the appeal in view of the sentence awarded has already become infructuous. He has also submitted that the accused-appellant is in jail in relation to some other offence and, therefore, on being asked, the learned counsel for the accused-appellant has stated that the accused-appellant may be benefitted by the order of this Court, if he detained in relation to some other offence. He further requested for reducing some sentence, so that the accused-appellant may be benefitted by the order of this court. Learned counsel for the accused-appellant has further submitted that the accused-appellant has been convicted maximum for the period of six years rigorous imprisonment and from the last about nine years, he has been in jail, which is sufficient in the facts and circumstances of the case, therefore, he has requested that either the accused-appellant should be released on undergone or substantial reduction in sentence may be made.