Rajasthan High Court - Jodhpur
Ashok Kumar vs State on 8 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 598/1999
Ashok Kumar
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma with
Mr. Anil Gupta
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/04/2022
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 on
14.06.1988 and the present criminal revision has been pending
since the year 1999.
3. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 31.08.1999 passed by learned Additional Sessions Judge
No.1, Sriganganagar in Criminal Appeal No.48/1999, whereby the
judgment dated 19.06.1998 passed by the learned Chief Judicial
Magistrate, Sriganganagar in Criminal Original Case No.179/1989,
convicting the revisionist-petitioner was upheld. The petitioner was
convicted for the offences under Section 7/16 IPC of Prevention of
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(2 of 3) [CRLR-598/1999]
Food Adulteration Act, 1954 and was sentenced to undergo six
months R.I. and a fine of Rs.1000/-, in default of payment of
which, he was ordered to undergo further one month R.I.
4. Learned counsel for the revisionist-petitioner further submits
that the sentence so awarded to the revisionist-petitioner was
suspended by this Hon'ble Court, vide order dated 10.09.1999.
5. Learned counsel for the revisionist-petitioner, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioner may be substituted with the period of
sentence already undergone by him.
6. Learned Public Prosecutor opposes the same.
7. 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."
In Haripada Das (Supra), the Hon'ble Apex Court
while considering reduction of sentence to the period
already undergone by the convicted therein under the
Prevention of Food Adulteration Act, observed as under:
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(3 of 3) [CRLR-598/1999]
"...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..."
8. 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 conviction of the petitioner for the offences under
Section 7/16 IPC of Prevention of Food Adulteration Act, 1954, the
sentence awarded to him is reduced to the period already
undergone by him. The petitioner is on bail. He need not
surrender. His bail bonds stands discharged accordingly.
9. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
33-Zeeshan
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