Rajasthan High Court - Jodhpur
Narpat Singh And Ors vs State on 23 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-539/1999]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 539/1999
Narpat Singh And Ors
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. SG OJha
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
23/05/2022
1. This criminal appeal under Section 374 Cr.P.C. has been
preferred claiming the following reliefs:
"It is, therefore, most humbly and respectfully prayed that this
application for suspension of sentence may kindly be accepted
and the petitioner may kindly ordered to be released on bail
till the final disposal of the appeal."
2. The matter pertains to an incident which occurred in the year
1997 and the present appeal has been pending since the year
1999.
3. Learned counsel for the appellant submits that this Criminal
Appeal has been preferred against the impugned judgment dated
06.09.1999, passed by the learned Sessions Judge, Jalore in
Sessions Case No.75/97, whereby all the appellants were
convicted for the offences under Sections 341, 323/34, 324/4 and
325/34 and they were sentenced as under:-
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(2 of 3) [CRLA-539/1999]
Narpat Singh- (Sentences will run concurrently)
Section 341 IPC:- Fifteen days' S.I.
Section 323/34 IPC:- Three months' S.I.
Section 324/34 IPC:- Six months' S.I.
Section 325/34 IPC:- One years' S.I. and a fine of Rs.500/- in
default of payment of which he was ordered to undergo further
three months' S.I.
Guman Singh-
Section 341, 323/34, 324/34 and 325/34 IPC. (Given the benefit
of Probation of Offenders Act)
Bhav Singh-
Section 341, 323/34, 324/34 and 325/34 IPC. (Given the benefit
of Probation of Offenders Act)
4. Learned counsel for the appellants further submits that the
sentence so awarded to the appellants was however suspended by
this Hon'ble Court, vide order dated 16.09.1999 passed in S.B.
Criminal Bail Petition No.380/1999.
5. Learned counsel for the appellants, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellants
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:-
Alister Anthony Pareira (Supra)
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(3 of 3) [CRLA-539/1999]
"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
appellants, and keeping in mind the aforementioned precedent
laws, the present appeal is partly allowed. Accordingly, while
maintaining the conviction of appellant no.1 under Sections 341,
323/34, 324 and 325/34, as above, the sentence awarded to him
is reduced to the period already undergone by him. The appellants
are on bail. They need not surrender. Their 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.
31-Sudheer/-
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