State vs Ramesh Chandra @ Mahesh Chandra
2022 Latest Caselaw 11668 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 399/1991 State of Rajasthan

----Appellant Versus Ramesh Chandra @ Mahesh Chandra S/o Shankerlal, R/o Rayla, P.S. Baneda, District Bhilwara.

                                                                 ----Respondent


For Appellant(s)          :     Mr. S.K. Bhati, Public Prosecutor
For Respondent(s)         :     -



                     JUSTICE DINESH MEHTA

                                     Order

19/09/2022

1. The instant appeal has been preferred by the State, seeking

enhancement of the sentence awarded to the respondent-accused

vide judgment dated 09.11.1990, passed by the learned Sessions

Judge, Bhilwara (hereinafter referred to as "the trial Court").

2. It is to be noted that while finding the accused-respondent

guilty of the offence, the trial Court has awarded the following

sentence to the accused:

"4 years' R.I. and a fine of Rs.500/- and in default of payment to further undergo 3 months R.I."

3. While awarding the sentence lesser than the maximum

sentence, the learned trial Court has observed that the

complainant so also the accused were of the same age.

4. The State sought enhancement of the sentence as the same

is lesser than the minimum sentence envisaged by the Statute.

(2 of 2) [CRLA-399/1991]

5. Heard learned Public Prosecutor and perused the impugned

order and other relevant material.

6. Having regard to the fact that the accused-respondent's

conviction was made on 09.11.1990 in relation to an incident,

which took place on 29.01.1989 and his application for suspension

of sentence has been allowed by this Court vide order dated

04.12.1990, this Court is of the view that interference in sentence

after about 32 years of the application for suspension of sentence

having been allowed, would not be expedient.

7. The appeal is dismissed accordingly.

8. Needless to observe that dismissal of the present appeal

would not be an impediment when the appeal of the accused (S.B.

Criminal Appeal No.356/1990) is being argued on merit and the

same shall be decided on its own merit.

(DINESH MEHTA),J 4-Ramesh/-

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