Rajasthan High Court - Jodhpur
Bhinya Ram And Ors vs State on 4 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 22/1994
Bhinya Ram And Ors.
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. N.L. Joshi with Ms. Kirti Pareek.
For Respondent(s) : Mr. M.S. Bhati, PP.
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 appeal under Section 374 (2) Cr.P.C. has been
preferred against the judgment dated 14.12.1993 passed by
learned Special Judge, SC/ST (Prevention of Atrocities) Act, Cases
& Additional Sessions Judge, Bikaner, whereby the appellants were
convicted for the offence under Sections 148, 323 read with
Section 149, 325 read with Section 149 and 452 IPC; for offence
under Section 148 IPC, were imposed fine of Rs.1000/- each, in
default to undergo one year rigorous imprisonment each; for
offence under Section 323 read with Section 149 IPC, were
imposed fine of Rs.1000/- each, in default to undergo one year
rigorous imprisonment each; for offence under Section 325 read
with Section 149 of IPC were sentenced to undergo three years
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(2 of 3) [CRLA-22/1994]
rigorous imprisonment each and a fine of Rs.2000/- each in
default of payment of fine to undergo further one year rigorous
imprisonment each and; for the offence under Section 452 IPC
were sentenced to undergo three years rigorous imprisonment
each and a fine of Rs.2000/- each in default of payment of fine to
undergo further one year rigorous imprisonment each.
3. The matter pertains to an incident which occurred in the year
1992 and the present appeal has been pending since the year
1994.
4. Learned counsel for the accused-appellants makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present accused-
appellants may be substituted with the period of sentence already
undergone by them.
5. Learned Public Prosecutor opposes the same.
6. 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
the crime, motive for the crime, nature of the offence and all
other attendant circumstances."
Haripada Das (Supra)
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(3 of 3) [CRLA-22/1994]
"...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..."
7. In light of the limited prayer made on behalf of the accused-
appellant, and keeping in mind the aforementioned precedent
laws, the present appeal is partly allowed. Accordingly, while
maintaining the appellant's conviction under Sections 148, 323
read with Section 149, 325 read with Section 149 and 452 IPC,
the sentence awarded to them is reduced to the period already
undergone by them. The appellants are on bail, in pursuance of
the order passed by this Hon'ble Court on 12.01.1994 in S.B.
Criminal Misc. Bail Application No.28/1994, whereby the
sentenced awarded to them was suspended. They need not
surrender. Their bail bonds stand discharged. All pending
applications stand disposed of. Record of the learned below be
sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
46-SKant/-
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