Rajasthan High Court - Jodhpur
Rameshwar Lal Alias Ramesh ... vs State on 25 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-310/2001]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 310/2001
Rameshwar Lal Alias Ramesh Chandra
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. Chaitanya Gahlot, with
Mr. Bhawani Singh
Mr. Amit Kumar Purohit
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
25/05/2022
1. This criminal appeal under Section 374(2) Cr.P.C. has been
preferred claiming the following relief:
"It is, therefore, most humbly and respectfully prayed that this
application for bail (suspension of sentence) under Sec.
389(2) may kindly be allowed and the sentence awarded to
the appellant petitioner for the offence under Sec. 326 and
324 of IPC by the judgment of conviction and order of
sentence dated 12.4.2001 passed by the Addl. Sessions
Judge, Gulabpura (Bhilwara) in Sessions Case No. 90/2000 -
State Vs. Rameshwarlal alias Ramesh Chandra may kindly be
suspended till disposal of this appeal."
2. The matter pertains to an incident which occurred in the year
2000 and the present appeal has been pending since the year
2001.
3. Learned counsel for the appellant submits that this Criminal
Appeal has been preferred against the impugned judgment dated
(Downloaded on 25/05/2022 at 09:09:47 PM)
(2 of 3) [CRLA-310/2001]
12.04.2001, passed by the learned Additional Sessions Judge,
Gulabpura (Bhilwara) in Sessions Case No. 90/2000, whereby the
appellant was convicted for the offences under Sections 326 and
324 IPC and sentenced as under:- (Sentences will run
concurrently).
Section 326 IPC: Two years' R.I. and a fine of Rs.1000/- in default
of payment of which he was ordered to undergo further three
months' S.I.
Section 324 IPC: Six months' R.I.
4. Learned counsel for the appellant further submits that the
sentence so awarded to the appellant was however suspended by
this Hon'ble Court, vide order dated 18.05.2001 passed in S.B.
Criminal Misc. Bail (suspension of sentence) No.287/2001.
5. Learned counsel for the appellant, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellant
may be substituted with the period of sentence already undergone
by him.
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)
"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
(Downloaded on 25/05/2022 at 09:09:47 PM)
(3 of 3) [CRLA-310/2001]
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 appellant,
and keeping in mind the aforementioned precedent laws, the
present appeal is partly allowed. Accordingly, while maintaining
the appellant's conviction under Sections 326 and 324 IPC, as
above, the sentence awarded to him is reduced to the period
already undergone by him. The appellant is on bail. He need not
surrender. His 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.
42-Zeeshan
Powered by TCPDF (www.tcpdf.org)
