SURAJ BHAN versus OM PRAKASH AND ANR.

SURAJ BHAN versus OM PRAKASH AND ANR.

Where the judgment in criminal appeal remains operative and was not challenged, revision for enhancement of sentence becomes infructuous and Supreme Court will not interfere under Article 136; section 428 only provides for set-off and not for reduction of sentence to that already undergone except for period in detention as undertrial.

Parties
Appellant: Suraj Bhan; Respondent No. 1: Om Prakash; Respondent No. 2: State
Jurisdiction
India
Judgment Date
02 February 1976
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Order in Criminal Revision
Outcome
Appeal dismissed
Legal Topics
Application of Set Off Under Section 428 Cr PC, Procedure for Invocation of Section 428 Cr PC, Revision for Enhancement of Sentence, Finality of Judgment Under Section 393 Cr PC
Criminal Law Application of Set Off Under Section 428 Cr PC Procedure for Invocation of Section 428 Cr PC Revision for Enhancement of Sentence Finality of Judgment Under Section 393 Cr PC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Suraj Bhan

Appellant

Om Prakash

Respondent No. 1

State

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Order in Criminal Revision

Legal Issues

  1. 1 Whether section 428 of the Criminal Procedure Code contemplates any challenge to conviction or sentence
  2. 2 Proper procedure to invoke section 428 to set-off undertrial detention
  3. 3 Whether Supreme Court can interfere under Article 136 when criminal revision has become infructuous due to finality of appeal

Ratio Decidendi

Where the judgment in criminal appeal remains operative and was not challenged, revision for enhancement of sentence becomes infructuous and Supreme Court will not interfere under Article 136; section 428 only provides for set-off and not for reduction of sentence to that already undergone except for period in detention as undertrial.

Court Disposition

Appeal dismissed

Orders

  • Present appeal dismissed; High Court judgment in criminal appeal remains operative.