Rajasthan High Court - Jodhpur
Mohan And Ors vs State on 13 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 399/1998
Mohan And Ors.
----Petitioner
Versus
State
----Respondent
For Petitioner(s) : Mr. Dharamveer Singh Choudhary
For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/05/2022
1. The matter pertains to an incident which occurred in the year
1982 and the present criminal revision has been pending since the
year 1998.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 01.07.1998 passed by learned Additional Sessions Judge
No.2, Chittorgarh in Criminal Appeal No.18/97 whereby the
judgment dated 22.09.1997 passed by learned Chief Judicial
Magistrate, Begu in Criminal Regular Case No.271/83, convicting
the revisionist-petitioners was upheld. The petitioners were
convicted for the offence under Sections 420, 467, 468, 471 &
120-B IPC and were sentenced to undergo as under:- (sentences
to run concurrently)
420 IPC : 01 year's S.I. and a fine of Rs.100/-
in default of payment of fine to
further undergo 15 days' S.I.
467 IPC : 03 years' S.I. and a fine of Rs.250/-
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in default of payment of fine to
further undergo 01 month's S.I.
468 IPC : 01 year's S.I. and a fine of Rs.100/-
in default of payment of fine to
further undergo 15 days' S.I.
471 IPC : 03 month's S.I. and a fine of Rs.50/-
in default of payment of fine to
further undergo 10 days S.I.
120-B IPC : No imprisonment has been given
separately.
3. Learned counsel for the revisionist-petitioner further submits
that the sentence so awarded to revisionist-petitioners was
suspended by this Hon'ble Court, vide order dated 06.08.1998
passed in S.B. Criminal Misc. Bail Appln. No.286/98.
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-petitioners may be substituted with the period of
sentence already undergone by them.
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
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, 467, 468, 471 & 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.
8. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
37-Sanjay/-
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