Rajasthan High Court - Jodhpur
Amarjeet vs State on 1 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 531/2007
Amarjeet
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Chaitanya Gahlot
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment / Order
01/07/2022
1. The matter pertains to an incident which occurred in the year
2002 and the present criminal revision has been pending since the
year 2007.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 06.06.2007 passed by learned Additional District and
Sessions Judge (Fast Track), Rajsamand in Criminal appeal
NO.52/07 (110/06) whereby the judgment dated 26.09.2006
passed by the learned Additional Chief Judicial Magistrate,
Rajsamand in Criminal Misc. Case No.7/2003 convicting the
revisionist-petitioner was upheld. The petitioner was convicted for
the offences under Sections 279 IPC, 337 & 304(A) of IPC; and for
the offence under Section 279 of IPC, the petitioner was
sentenced to undergo three months' S.I. and a fine of Rs.100/- in
default of payment of which, he was ordered to undergo further
seven days' S.I. and for the offence under Section 337 IPC, the
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petitioner was sentenced to undergo three months' S.I. and a fine
of Rs.100/- in default of payment of which, he was ordered to
undergo further seven days' S.I. & for the offence under Section
304 (A) of IPC, the petitioner was sentenced to undergo two
years' S.I. and a fine of Rs.100/- in default of payment of which,
he was ordered to undergo further seven days' S.I.
3. 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 18.06.2007
passed in S.B. Criminal Misc. Bail (SOS) Application No.99/2007.
4. 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.
5. Learned Public Prosecutor opposes the same.
6. 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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"...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..."
7. 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
Sections 279 IPC, 337 & 304(A) of IPC, 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 stand
discharged accordingly.
8. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
169-Sudheer/-
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