Sunil Kumar vs State
2023 Latest Caselaw 5876 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 713/2010

Sunil Kumar S/o Rameshwar Lal B/c Gehlot                        (Nai), R/o Ward
No.11, Churu


                                                                   ----Petitioner
                                   Versus
State Of Rajasthan.
                                                                 ----Respondent


For Petitioner(s)         :    Mr. Mudit Vaishnav
For Respondent(s)         :    Mr. Mukhtiyar Khan, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

DATE OF ORDER                          :::                        14/08/2023
BY THE COURT:-

1. This revision petition has been filed against the order dated

27.8.2010 passed by learned Sessions Judge, Churu affirming the

judgment dated 11.8.2006 passed by the court below against the

conviction and sentence of the present petitioner for the offence

under Section 3/4 of the Rajasthan Gambling Ordinance 1949. He

has been sentenced to one months' simple imprisonment and a

fine of Rs.100/- and in default of payment of fine to further

undergo seven days' additional simple imprisonment.

2. Learned counsel for the petitioner submits that he does not

press the petition on the point of conviction of the present

petitioner and he want to submit only on the point of sentence. He

further states that the incident is of 2004 and no fruitful purpose

will be served by keeping the petitioner again in imprisonment as

(2 of 3) [CRLR-713/2010]

he has already suffered 4 days imprisonment and looking to the

nature of the offence that it is only under the Rajasthan Gambling

Ordinance, 1949, thus, a liberal view may be be adopted. Lastly,

he submits that Criminal Revision Petition No.655/2010 filed on

behalf of co-accused Ram Gopal and Hari Prasad has already been

decided by the Coordinate Bench of this Court vide order dated

06.12.2012 and the case of the present petitioner is at par to

these co-accused persons, therefore, he may also be extended the

same benefit.

3. Heard learned counsel for the petitioner as well as learned

Public Prosecutor for the State. Perused the order impugned.

3. Considering the over all facts and circumstances and the fact

that revision petition filed by the co-accused has already been

decided by the Coordinate Bench of this Court and as the case of

the petitioner also stands at par with the co-accused persons, the

petitioner is also benefited to that extent.

4. In this view of the matter, this Court is of the opinion that

the sentence awarded the present petitioner by the learned trial

Court shall be reduced to the period already undergone by him

and the fine may be enhanced from Rs.100/- to Rs.500/-.

5. Hence this revision petition is partly allowed. The judgment

of conviction is maintained. The order of sentence awarded by the

learned Sessions Judge, Churu vide order dated 27.08.2010 in

Criminal Appeal No.49/2006 is maintained. Thus, the sentence of

the petitioner is reduced to the period already undergone by him.

However, the fine is enhanced to Rs.100/- to Rs.500/- which shall

(3 of 3) [CRLR-713/2010]

be deposited by him before the trial Court within a period of 90

days from the date of this order.

6. A copy of this order be sent to the Court concerned for its

compliance.

(FARJAND ALI),J 126-Mamta/-

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