Rajasthan High Court - Jodhpur
Ram Niwas vs State (2023:Rj-Jd:41801) on 29 November, 2023
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2023:RJ-JD:41801]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 552/2004
Ram Niwas S/o Hulash Chand, by caste Gadia Luhar, resident of
Sujangarh, District Churu (Presently Bikaner). (At present lodged
in District Jail, Churu and under process of transfer to Central
Jail, Bikaner. )
----Petitioner
Versus
The State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Ravi Bishnoi
For Respondent(s) : Mr. A.R. Choudhary - PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
29/11/2023
1. The matter pertains to an incident which occurred in the year
1998 and the present criminal revision is pending since the year
2004.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 13.08.2004 passed by learned Sessions Judge, Churu in
Criminal Appeal No.21/2004, whereby the learned appellate court
has upheld the judgment of conviction and order of sentence
dated 23.04.2004 passed by the learned Chief Judicial Magistrate,
Churu in Criminal Original Case No.116/1999 (208/98), whereby,
the revisionist-petitioner has been convicted for the offence under
Section 471 IPC and sentenced to undergo six months' rigorous
imprisonment with a fine of Rs.200/- and in default of payment of
[2023:RJ-JD:41801] (2 of 3) [CRLR-552/2004]
which, he was further ordered to undergo two months' simple
imprisonment.
3. Learned counsel for the revisionist-petitioner submits that
the sentence so awarded to the revisionist-petitioner was
suspended by this Hon'ble Court vide order dated 23.08.2004
passed in S.B. Criminal Misc. Bail Application No.146/2004.
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-petitioner may be substituted with the period of
sentence already undergone by him.
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
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..."
[2023:RJ-JD:41801] (3 of 3) [CRLR-552/2004]
7. In light of the limited prayer made on behalf of the petitioner
and keeping in mind the aforementioned precedent laws, the
present petition is allowed. Accordingly, while maintaining
conviction of the petitioner for the offence under Section 471 IPC,
the sentence awarded to him is reduced to the period already
undergone by him and imposition of fine by the trial court is
maintained. The petitioner is on bail. He need not surrender. His
bail bonds stand discharged accordingly.
8. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(PRAVEER BHATNAGAR),J
13-AK Chouhan/-
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