Rajasthan High Court - Jodhpur
Nanalal vs State on 4 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 101/1999
Nanalal
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Vinit Jain, Sr. Adv. assisted by
Mr. Ashok Panwar
For Respondent(s) : Mr. M.S. Bhati, P.P.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/04/2022
1. In the wake of instant surge in COVID - 19 cases and spread
of its highly infectious Omicron variant,abundant caution is being
maintained, while hearing the matters in the Court, for the safety
of all concerned.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred claiming the following
reliefs:
"It is, therefore, prayed that this revision petition my kindly
be accepted and the conviction and sentences awarded to the
petitioner be quashed and set aside and he be acquitted."
3. The matter pertains to an incident in the year 1985, and the
present revision petition has been pending since the year 1999.
4. The brief facts of the case as placed before this Court are
that the revisionist - petitioner was convicted under Sections 279
and 304A IPC, and sentenced to three months R.I. and a fine of
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Rs. 1000/-, in default of which he was to further undergo one
month's R.I. and one year's R.I. with a fine of Rs. 2000/-, in
default of which he was to further undergo 2 months' R.I.
respectively, by the learned Additional Munsif and Judicial
Magistrate, Pratapgarh in Criminal Case NO. 225/88, vide
judgment dated 23.2.1994, which was subsequently affirmed and
upheld by the learned Additional Sessions Judge, Pratapgarh in
Criminal Appeal No. 26/97 (8/94).
5. Learned counsel for the revisionist-petitioner submits that
the sentence so awarded to the revisionist-petitioner, was
suspended by this Court vide order dated 19.02.1999 passed in
S.B. Criminal Misc. Bail Application No. 39/1999.
6. Learned counsel for the revisionist - petitioner makes a
limited submission that without making interference on
merits/conviction, the sentence awarded to the present
revisionist-petitioner may be substituted with the period of
sentence already undergone by him.
7. Learned Public Prosecutor opposes the same.
8. This Court is conscious of the judgments rendered in,
Alister Anthony Pareira Vs. State of Maharashtra (2012) 2
SCC 648 and Haripada Das Vs. State of W.B. (1998) 9 SCC
678 wherein the Hon'ble Apex Court observed as under:-
Alister Anthony Pareira (Supra)
"There is no straitjacket formula for sentencing an accused
on proof of crime. The courts have evolved certain
principles: twin objective of the sentencing policy is
deterrence and correction. What sentence would meet the
ends of justice depends on the facts and circumstances of
each case and the court must keep in mind the gravity of
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the crime, motive for the crime, nature of the offence and all
other attendant circumstances."
Haripada Das (Supra)
"...considering the fact that the respondent had already
undergone detention for some period and the case is
pending for a pretty long time for which he had suffered
both financial hardship and mental agony and also
considering the fact that he had been released on bail as far
back as on 17-1-1986, we feel that the ends of justice will
be met in the facts of the case if the sentence is reduced to
the period already undergone..."
9. In light of the limited prayer made on behalf of the
petitioner, and keeping in mind the aforementioned precedent
laws, the present petition is partly allowed. Accordingly, while
maintaining the petitioner's conviction under Section 279 & 304-A
IPC, the sentence awarded to him is reduced to the period already
undergone by him. The petitioner is on bail, in pursuance of the
order passed by this Hon'ble Court on 19.02.1999 in S.B. Criminal
Misc. Bail Application No. 39/1999, whereby the sentenced
awarded to him was suspended. He need not surrender. His bail
bonds stand discharged. All pending applications stand disposed
of. Record of the learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
54-Skant/-
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