Rajasthan High Court - Jodhpur
Shyam Sunder vs State Of Raj on 22 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 882/1999
Shyam Sunder
----Petitioner
Versus
State Of Raj.
----Respondent
For Petitioner(s) : Mr. S Surana
For Respondent(s) : Mr. Mukesh Trivedi,PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/04/2022
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
1989 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 11.12.1999 passed by learned Additional Sessions Judge,
No.2, Udaipur in Criminal Appeal No.34/98 whereby the judgment
dated 02.05.1998 passed by the learned Chief Judicial Magistrate,
Udaipur in Criminal Original Case No.382/90 convicting the
revisionist-petitioner was upheld. The petitioner were convicted for
the offences under Section 7(2) read with Section 16(1)(A) of
Food Adulteration Act,1954 and was sentenced to undergo six
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(2 of 3) [CRLR-882/1999]
months R.I. and a fine of Rs.1000/-in default of payment of which,
he was ordered to undergo further 15 days 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 22.12.1999
passed in S.B. Criminal Misc. Petition (Suspension of Sentence)
No.233/1999.
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-882/1999]
"...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(2)
read with Section 16(1)(A) 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 hey need not
surrender. His 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.
82-nirmala/-
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