Rajasthan High Court - Jodhpur
Naru Ram And Ors vs State on 12 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 360/2000
Naru Ram And Ors
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. L.D. Khatri
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/04/2022
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
1996 and the present criminal revision 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 judgment
dated 25.07.2000 passed by learned Sessions Judge, Jaisalmer in
Criminal Appeal No.35/99, whereby the judgment dated
17.11.1999 passed by the learned Additional Chief Judicial
Magistrate, Pokaran in Criminal Original Case No.601/1996,
convicting the revisionist-petitioners was upheld. The petitioners
were convicted for the offence under Section 91(6) of Rajasthan
Land Revenue Act and were sentenced to undergo one year
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(2 of 3) [CRLR-360/2000]
rigorous imprisonment and a fine of Rs.1000/-, in default of
payment of which, they were ordered to undergo further three
months simple imprisonment.
4. Learned counsel for the revisionist-petitioners further
submits that the sentence so awarded to the revisionist-
petitioners was suspended by this Hon'ble Court, vide order dated
22.08.2000.
5. Learned Public Prosecutor submits that the petitioner No.2-
Chanda Ram has expired, which is reflected from the report dated
12.04.2022. The said report is taken on record.
6. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioners No.1 & 3 may be substituted with the period
of sentence already undergone by them.
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."
Haripada Das (Supra)
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(3 of 3) [CRLR-360/2000]
"...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
petitioners No.1 & 3, and keeping in mind the aforementioned
precedent laws, the present petition is partly allowed. Accordingly,
while maintaining the conviction of the petitioner No.1 & 3 for the
offence under Section 91(6) of Rajasthan Land Revenue Act, the
sentence awarded to them is reduced to the period already
undergone by them. The petitioners No.1 & 3 are on bail. They
need not surrender. Their bail bonds stand discharged accordingly.
9. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
66-Zeeshan
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