- (1.) THIS revision application was admitted on the question of sentence only by order dated 16.9.1998.
(2.) IT appears that the petitioner was convicted for the offence under Sections 392 and 411 of the Indian Penal Code and he was sentenced to undergo R.I. for three years for the offence under Section 392 IPC and R.I. for two years for the offence under Section 411 IPC by the trial court. The appeal against the judgment of the trial court has been dismissed. The alleged occurrence took place on 13.5.1997 and the petitioner surrendered in the court below on 26.7.1997. The petitioner was refused bail during the pendency of the trial as well as during the pendency of the appeal before the court below and he was released on bail only by order dated 16.9.1998, passed by this Court in this revision application while admitting it on the question of sentence only and, thereby, it appears that the petitioner has remained in custody for about 14 months.
(3.) CONSIDERING the fact that the occurrence took place in the year 1997, i.e. about 10 years back and the petitioner has already suffered sentence of 14 months and, therefore, in my view, after such a long delay it will not be justiceable to send the petitioner to jail again.;