Rajasthan High Court - Jodhpur
Kuri Chand vs State on 6 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 323/2001
Kuri Chand
----Petitioner
Versus
State
----Respondent
Connected With
S.B. Criminal Revision Petition No. 322/2001
Devilal
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Ms. Sumeha Kalla for
Mr. Sanjay Mathur
Mr. Sambhoo Singh
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/05/2022
1. In the 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 the Court, for the safety
of all concerned.
2. The matter pertains to an incident which occurred in the year
1983 and the present criminal revision has been pending since the
year 2001.
3. This criminal revision petition under Section 397 Cr.P.C. read
with Section 401 Cr.P.C., has been preferred against the judgment
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(2 of 3) [CRLR-323/2001]
dated 24.05.2001 passed by learned Additional Sessions Judge,
No.2, Udaipur at Camp Salumbar in Criminal Appeal No.62/99
whereby the judgment dated 24.03.1999 passed by the learned
Civil Judge & Judicial Magistrate, Kherwara Criminal Regular Case
No.137/84 convicting the revisionist-petitioners was upheld. The
petitioners were convicted for the offences under Section 420 &
120-B IPC and were sentenced to undergo as under:- (sentences
to run concurrently)
420 IPC : 02 years R.I. and a fine of Rs.3000/-
in default of payment of fine to
further undergo 03 months R.I.
120-B IPC : 01 year's R.I. and a fine of Rs.1000/-
in default of payment of fine to
further undergo 01 month's R.I.
4. Learned counsel for the revisionist-petitioner further submits
that the sentence so awarded to the revisionist-petitioners was
suspended by this Hon'ble Court, vide order dated 12.06.2001
passed in S.B. Criminal Misc. Bail Application No.60/2001 & S.B.
Criminal Misc. Bail Application No.59/2001 respectively.
5. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioners may be substituted with the period of
sentence already undergone by them.
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:-
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(3 of 3) [CRLR-323/2001]
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..."
8. In light of the limited prayer made on behalf of the
petitioners, and keeping in mind the aforementioned precedent
laws, the present petition is partly allowed. Accordingly, while
maintaining the conviction of the petitioners for the offences under
Sections 420 & 120-B IPC, the sentence awarded to them is
reduced to the period already undergone by them. The petitioners
are on bail. They need not surrender. Their bail bonds stand
discharged accordingly.
9. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
36-37-nirmala/-
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