Rajasthan High Court - Jodhpur
Bhanwaria @ Bhanwar Lal vs State on 28 June, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 4/1992
Bhanwaria @ Bhanwar Lal S/o Sohan Lal, By caste Mehtar
Bhangi, Resident of Ward No.5, Sri Vijaynagar, District Sri
Ganganagar.
----Appellant
Versus
State of Rajasthan.
----Respondent
For Appellant(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
28/06/2022
1. This criminal appeal under Section 374(2) Cr.P.C. has been
preferred claiming the following reliefs:
"It is, therefore, respectfully prayed that this appeal may
kindly be allowed and accused appellant may be acquitted of
all the charges leveled against him."
2. The matter pertains to an incident which occurred in the year
1988 and the present appeal has been pending since the year
1992.
3. Learned counsel for the appellant submits that this Criminal
Appeal has been preferred against the impugned judgment dated
25.11.1991, passed by the learned Additional Sessions Judge,
Raisinghnagar in Sessions Case No.19/88, whereby the appellant
was convicted for the offences under Section 2 of the Rajasthan
Preservation of Certain Animals Act and sentenced to undergo
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(2 of 3) [CRLA-4/1992]
three years' R.I. and a fine of Rs. 200/-, in default of payment of
which, he was ordered to further undergo one month's S.I.
4. Learned counsel for the appellant further submits that the
sentence so awarded to the appellant was however suspended by
this Hon'ble Court, vide order dated 07.01.1992 passed in S.B.
Criminal Misc. Bail Application No.03/1992.
5. Learned counsel for the appellant, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellant
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."
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
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(3 of 3) [CRLA-4/1992]
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 appellant,
and keeping in mind the aforementioned precedent laws, the
present appeal is partly allowed. Accordingly, while maintaining
the appellant's conviction under Section 2 of the Rajasthan
Preservation of Certain Animals Act, as above, the sentence
awarded to him is reduced to the period already undergone by
him. The appellant is on bail. He need not surrender. His bail
bonds stand discharged accordingly.
9. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
Weekly-2/Zeeshan
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