Suresh vs State
2022 Latest Caselaw 8435 Raj

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
             S.B. Criminal Revision Petition No. 939/2002

Suresh
                                                                      ----Petitioner
                                     Versus
State of Rajasthan
                                                                  ----Respondent


For Petitioner(s)          :     Ms. Kinjal Purohit for
                                 Mr. HSS Kharlia
For Respondent(s)          :     Mr. Laxman Solanki,PP



        HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                  Judgment

29/06/2022
1.      The matter pertains to an incident which occurred in the year

1997 and the present criminal revision is 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 09.10.2002 passed by learned Additional District & Sessions

Judge, Sangaria in Criminal Appeal No.12/2002, whereby the

judgment dated 07.08.2002 passed by the learned Additional

Chief    Judicial   Magistrate,      Sangaria        in    Criminal     Misc.   Case

No.40/98, convicting the revisionist-petitioner was upheld. The

petitioner was convicted for the offence under Section 408 IPC and

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

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

three months' S.I.




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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 01.11.2002

passed in S.B. Criminal Misc. Bail Application No.213/2002.

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..."



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                                   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 conviction of the petitioner for the offence under

                                   Section 408 IPC, the sentence awarded to him is reduced to the

                                   period already undergone by him, however, the fine amount is

                                   made double i.e. Rs.1000/-. 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.

83-nirmala/-

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