Sohan Singh Vs. State of U.P. - Court Judgment

Excerpt:
- [g.l. oza and; v. khalid, jj.] -- criminal trial — sentence — accused appellant being totally blind according to jail doctor's certificate, sentence reduced to the period already undergone as his movement in jail would be impossible without outside support -- notice was issued in this case restricted only to sentence. the appellant has produced a certificate issued by dr r.k. saxena, medical officer, district jail, moradabad. the bail bond of the appellant is discharged.g.l. oza and; v. khalid, jj.1. heard learned counsel on both sides. notice was issued in this case restricted only to sentence. this court noted the facts that the question of sentence deserved consideration in the light of the physical condition of the appellant. the appellant has produced a certificate issued by dr r.k. saxena, medical officer, district jail, moradabad. from this certificate it is seen that the appellant is totally blind and there is some infirmity in his left lower limb also. since he is totally blind, his movement in the jail will be impossible unless there is some support from outside. in these circumstances we are of the opinion that no purpose would be served by continuing him in jail to suffer the rest of the sentence. accordingly, we modify the sentence passed and direct that the sentence already undergone by the appellant will, in the peculiar facts and circumstances of the case, meet the ends of justice. since the appellant is on bail, he need not surrender. the bail bond of the appellant is discharged.