Sunder Puri And Ors vs State
2022 Latest Caselaw 6024 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Appeal No. 390/1995

Sunder Puri And Ors.
                                                                   ----Appellant
                                    Versus
State
                                                                 ----Respondent


For Appellant(s)          :     Mr. Suresh Kumbhat
For Respondent(s)         :     Mr. SS Rajpurohit, PP
                                Mr. Ravindra Kumar Acharya



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

25/04/2022

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(2)Cr.P.C. has been

preferred claiming the following reliefs:


     "It is therefore, prayed that the appeal of the appellants may
     kindly be allowed and they be acquitted."


3.    The matter pertains to an incident which occurred in the year

1988 and the present appeal has been pending since the year

1995.

4.    Learned counsel for the appellants submits that this Criminal

Appeal has been preferred against the impugned judgment dated

25.08.1995, passed by the learned Sessions Judge, Merta in



                     (Downloaded on 28/04/2022 at 08:19:24 PM)
                                                 (2 of 3)                    [CRLA-390/1995]


Sessions Case No.11/88 whereby the appellants were convicted

for the offence under Section 411 IPC and sentenced to undergo

02 years R.I.

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 08.09.1995 passed in S.B.

Criminal Misc. Bail (Suspension of Sentence) No.401/95.

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
     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

                           (Downloaded on 28/04/2022 at 08:19:24 PM)
                                                                               (3 of 3)                [CRLA-390/1995]

                                         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 411 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.

32-Sudheer/-

Powered by TCPDF (www.tcpdf.org)