Ganpatlal vs State
2022 Latest Caselaw 8733 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
            S.B. Criminal Revision Petition No. 427/2002

Ganpatlal
                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Ms. Yogita Mohanani
For Respondent(s)         :     Mr. Laxman Solanki, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                 Judgment

05/07/2022

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

1992 and the present criminal revision has been pending since the

year 2002.
2.   This criminal revision petition under Section 397 read with

Section 401 Cr.P.C. has been preferred against the judgment

dated 12.06.2002 passed by learned Additional Sessions Judge,

Sojat, District Pali in Criminal Appeal No.06/2001, whereby the

judgment dated 12.02.2001 passed by the learned Civil Judge &

Additional Chief Judicial Magistrate, Sojat in Criminal Original Case

No.309/1996, convicting the revisionist-petitioner was upheld. The

petitioner was convicted for the offence under Section 409 IPC and

was sentenced to undergo one year's R.I. with a fine of Rs.500/-

in default of payment of which he was ordered further to undergo

one month's S.I.

3.   Learned counsel for the revisionist-petitioner further submits

that the sentence so awarded to the revisionist-petitioner was

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suspended by this Hon'ble Court, vide order dated 15.07.2002

passed in S.B. Misc. Bail Application No.69/2002.

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)
     "...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


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                                   laws, the present petition is partly allowed. Accordingly, while

                                   maintaining the conviction of the petitioner for the offence under

                                   Section 409 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 court below be sent back forthwith.



                                                               (DR.PUSHPENDRA SINGH BHATI), J.

57-nirmala/-

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