Bombay High Court
Suhas Bhaurao Sukhdeve (In Jail) vs State Of Mah., Thr. P.S.O. Ps Grp ... on 20 April, 2022
Bench: Avinash G. Gharote
1 40.REVN.43-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION APPLICATION (REVN) NO. 43 OF 2020
( Suhas Bhaurao Sukhdeve
Vs.
State of Maharashtra )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. Bhushan D. Sachdev, Advocate h/f Mr. S.G. Karmarkar, Advocate for
the Applicant.
Ms. Trupti H. Udeshi, A.P.P. for the Non-Applicant/State.
CORAM: AVINASH G. GHAROTE, J.
DATED : 20th APRIL, 2022.
Heard Mr. Sachdev, learned counsel holding
for Mr. Karmarkar, learned counsel for the applicant and
Ms. Udeshi, learned APP for the non-applicant/State.
2. The only argument advanced, is the quantum
of sentence imposed. It is contended that since the
applicant has already undergone 3 months of sentence,
and considering the age of the applicant which is 43
years as of now and there is no other offence registered
against the applicant, he should be released on
undergone.
3. Ms. Udeshi, learned APP for the
non-applicant/State, opposes the requests for reducing
the sentence on which is undergone on the ground that,
the concurrent findings rendered, that the applicant had
2 40.REVN.43-2020.odt
forged the railway pass, which was in the name of his
brother by extending its validity by 6 years to 2018,
though the same had expired on 2013. The fine of
25,000/- has already been deposited.
4. The learned Magistrate by the judgment dated
04.10.2017 has convicted the applicant for the offence
punishable under Section 417 of the Indian Penal Code
and sentenced him to suffer 6 months Rigorous
Imprisonment with a fine of Rs. 5,000/-, in default
Rigorous Imprisonment for 1 month ; convicted for the
offence punishable under Section 465 of the Indian Penal
Code and sentenced him to suffer Rigorous
Imprisonment for 1 year and to pay fine of Rs. 10,000/-,
in default Rigorous Imprisonment for 2 months ;
convicted for the offence punishable under Section 468
of the Indian Penal Code and sentenced him to suffer
Rigorous Imprisonment for 2 years and to pay fine of
Rs. 10,000/-, in default to suffer Rigorous Imprisonment
for 2 months.
5. The factual position shows that the brother
of the applicant namely Rajesh Sukhdeve (PW-5), who
was working as a track man with the Railways was issued
a pass in the year 2011, the validity of which according
to him was a period for 4 months. Since, Rajesh (PW-5),
had resigned from his job, on account of physical
disability, the pass which was required to be surrendered
to the Railway Authorities, on account of inadvertence
was not so done. This pass, in the name of Rajesh
Sukhdeve (PW-5), the brother of the applicant was found
3 40.REVN.43-2020.odt
to be used by the applicant, on 27.03.2015, while he was
sitting in a train, as per the statement of PW-1 Narsingha
Narayan Das, who upon the pass being shown to him,
finding that though the same is claimed to have been
issued in 2012, showed the date of expiry as 2018 and
suspecting it to be tampered, asked the name of the
applicant which was different from the name on the pass,
as a result of which, the applicant came to be arrested.
6. Both the Courts below have concurrently
found that though the name in the said pass of Rajesh
Bhaurao Sukhdeve, was not changed, however the
validity period of the same was found to have been
tampered with and extended to 2018, on account of
which, the applicant has been convicted and sentenced as
above, for having travelled without a ticket and having
used a false pass.
7. A perusal of Section 137 of the Railways Act
indicates, that the punishment for fraudulently travelling
or attempting to travel without a proper pass or ticket is
imprisonment, for a period of 6 months or with fine
which may extend to Rs. 1,000/- or with both. Section
157 of the Railways Act, which deals with altering or
defacing a pass or ticket provides for a punishment with
imprisonment for a term which may extend to 3 months
or with fine which may extend to Rs. 500/- or with both.
Thus, had the applicant, being charged with the offence
under Railways Act, the maximum which he could have
been sentenced with was imprisonment of 6 months and
fine of Rs. 1,000/- or with both. Considering that the
4 40.REVN.43-2020.odt
applicant has already undergone, the imprisonment of
three months and has also deposited the fine of
Rs. 25,000/- and the age of the applicant and there is no
other offence claimed to have been registered against the
applicant, the conviction of the applicant is maintained,
however the sentence imposed upon the applicant, is
reduced to that already undergone.
8. The revision application is accordingly partly
allowed in the above terms, considering the peculiar facts
and circumstances of this case. No costs.
JUDGE
SD. Bhimte
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:20.04.2022 16:45
