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october 1957

Supreme Court of India · 1957-10-28

SARJUG RAI AND OTHERS vs THE STATE OF BIHAR

Citation / case number
SC 1957/60146
Court
Supreme Court of India
Petitioner
SARJUG RAI AND OTHERS
Respondent
THE STATE OF BIHAR
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that under Section 439 of the Code of Criminal Procedure, the High Court has the authority to enhance a sentence beyond the maximum limit imposed by the trial court, as established in the case of Bed Raj v. The State of Uttar Pradesh. The Court affirmed the High Court's decision to increase the sentence from five years to ten years rigorous imprisonment for the offence of dacoity under Section 395 IPC. The ruling clarifies the scope of the High Court's revisional powers in criminal matters.

SARJUG RAI AND OTHERS vs THE STATE OF BIHAR · Niyam