Rajasthan High Court - Jodhpur
Rajendra Prasad Arora vs State on 19 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 301/2003
Rajendra Prasad Arora
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Rakesh Arora.
For Respondent(s) : Mr.Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
19/07/2022
1. The matter pertains to an incident which occurred in the year
2001 and the present criminal revision has been pending since the
year 2003.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 31.03.2003 passed by learned Sessions Judge, Pali in
Criminal Appeal No.62/2002, whereby the judgment dated
28.11.2002 passed by the learned Judicial Magistrate No.1, Pali in
Criminal Regular Case No.193/2001, convicting the revisionist-
petitioner was upheld. The petitioner was convicted for the
offences under Sections 279 and 304-A IPC and was sentenced to
undergo six months' S.I. and a fine of Rs.500/-, in default of
payment of which, he was ordered to undergo further 15 days'
S.I. and also he was sentenced to undergo two years' S.I. and a
fine of Rs.5000/-, in default of payment of which, he was ordered
to undergo further one month's S.I. respectively. Vide order dated
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31.03.2003, the learned appellate court has affirmed the order of
learned trial court and reduced the sentence of petitioner under
Sections 279 and 304-A IPC and sentenced him to undergo four
months' S.I. and a fine of Rs.500/-, in default of payment of
which, he was ordered to undergo further 15 days' S.I. and also
he was sentenced to undergo nine months' S.I. and a fine of
Rs.5000/-, in default of payment of which, he was ordered to
undergo further one month's S.I. respectively.
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 22.04.2003
passed in S.B. Criminal Bail Application No.68/2003.
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
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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
laws, the present petition is partly allowed. Accordingly, while
maintaining the conviction of the petitioner for the offences under
Sections 279 and 304-A 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.
123-/Jitender/Nirmala/-
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