Rajasthan High Court - Jodhpur
Ramdan Khan And Anr vs State on 19 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-521/1994]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 521/1994
Ramdan Khan And Anr.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Vikas Chouhan, on VC
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/04/2022
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 Cr.P.C. has been
preferred claiming the following reliefs:
" vr% vihy is'k dj fuosnu gS fd U;k;ky; ls'ku U;k;k/kh'k] ckyksrjk
ds fu.kZ; fnukad 30-9-1994 ls'ku izdj.k la[;k [email protected] dks fujLr dj
vihykaV dks nks"keqDr djus dk vkns'k Qjekosa o fodYi esa mfpr vkns'k
vihykaVx.k ds gd esa Qjek;k tkosA"
3. The matter pertains to an incident which occurred in the year
1993 and the present appeal has been pending since the year
1994.
4. Learned counsel for the appellants submits that this Criminal
Appeal has been preferred against the impugned judgment dated
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(2 of 3) [CRLA-521/1994]
30.09.1994, passed by the learned District and Sessions Judge,
Balotra in Sessions Case 09/93 whereby the appellants were
convicted and sentenced as under:-
Ramdan Khan
307 IPC : 01 years RI and a fine of Rs.500/-
in default of payment of fine to
further undergo 01 months additional
sentence.
323/34 IPC : 06 months RI
Noore Khan
307/34 IPC : 01 years RI and a fine of Rs.500/-
in default of payment of fine to
further undergo 01 months additional
sentence.
323 IPC : 06 months RI.
5. Learned counsel for the appellants further submits that the
sentence so awarded to the appellants was however suspended by
this Hon'ble Court, vide order dated 24.10.1994 passed in S.B.
Criminal Misc. Bail (Suspension of Sentence) No.485/1994.
6. Learned counsel for the appellants, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellants
may be substituted with the period of sentence already undergone
by them.
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
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(3 of 3) [CRLA-521/1994]
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)
"...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
appellants, and keeping in mind the aforementioned precedent
laws, the present appeal is partly allowed. Accordingly, while
maintaining the appellants' conviction under Sections 307,
323/34, 307/34 & 323 IPC, as above, the sentence awarded to
them is reduced to the period already undergone by them. The
appellants are on bail. They need not surrender. Their bail bonds
stand discharged accordingly.
10. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
59-nirmala/-
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