Anil Kumar vs State
2022 Latest Caselaw 3357 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Criminal Revision Petition No. 670/2018

Anil Kumar S/o Bhogi Lal, By Caste Purohit, R/o- Village Golana,
P.s. Jaswantpura, Distt. Jalore. Presently Lodged In Distt. Jail,
Sirohi .
                                                                    ----Petitioner
                                    Versus
The State Of Rajasthan
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Pradeep Shah
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

04/03/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     After    arguing   for     sometime,          learned       counsel   for   the

petitioner submits that though the petitioner has been awarded a

sentence of two years, but he has already undergone sentence

from 21.01.2016 to 01.03.2016, from 27.06.2017 to 03.07.2017

and from 03.07.2017 to 13.07.2018.

     The certified copy of the custody certificate is taken on

record.

     This Court, while taking note of the peculiar facts and the

concurrent judgments, is not inclined to interfere on merits.

Moreover, learned counsel for the petitioner himself has given up

the contest on merits. However, the plea of learned counsel for the

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                                                                             (2 of 2)                [CRLR-670/2018]



                                   petitioner that in the given facts and circumstances, the appeal be

                                   closed, while treating the sentence to have been completed as

                                   already undergone.

                                        In the given facts and circumstances, the plea of the learned

                                   counsel for the petitioner is accepted, while affirming the

                                   judgments dated 03.07.2017 and 23.06.2012 on merits, the

                                   period of sentence, already undergone, is directed to be treated as

                                   suffice to satisfy the sentence awarded by the learned trial court.

                                        In view of the above, the revision petition is allowed

                                   accordingly. All pending applications stand disposed of.



                                                                  (DR.PUSHPENDRA SINGH BHATI),J.

84-Zeeshan

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