Rajasthan High Court - Jodhpur
Sarwanram vs State on 6 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 149/2000
Sarwanram
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Gokulesh Bohra
For Respondent(s) : Mr. M.S. Bhati, P.P.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/04/2022
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. The matter pertains to an incident which occurred in the year
1990 and the present revision petition has been pending since the
year 2000.
3. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgement
dated 11.04.2000 passed by learned Additional Sessions Judge,
Deedwana in Criminal Appeal No. 19/1999 (7/95) rejecting the
appeal of the revisionist-petitioner while affirming the judgment,
dated 27.03.1995 passed by the learned Civil Judge (Junior
Division) & Judicial Magistrate First Class, Deedwana in Criminal
Original Case No. 45/1994 whereby the revisionist-petitioner was
convicted for the offence under Section 304A IPC and was
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sentenced to undergo one year R.I. and a fine of Rs. 1000/- in
default of which he was to undergo further two months S.I.; for
the offence under Section 338 IPC and was sentenced to undergo
one year R.I. and a fine of Rs. 1000/-, in default of which he was
to further undergo two months S.I.; for the offence under 337 IPC
was sentenced to undergo three months R.I. and a fine of Rs.
200/- in default of which he was to further undergo 10 days S.I.;
for the offence under Section 279 IPC, was sentenced to undergo
3 months S.I. and a fine of Rs. 500/-, in default of which he was to
further undergo 20 days S.I.
4. Learned counsel for the revisionist-petitioner makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present petitioner
may be substituted with the period of sentence already undergone
by him.
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."
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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..."
7. 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 304A, 279, 338 & 337
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 24.04.2000 in the
application for suspension of sentence filed in the present petition,
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.
45-Skant/-
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