Derawar vs State Of Raj (2023:Rj-Jd:29049)
2023 Latest Caselaw 6934 Raj

[2023:RJ-JD:29049]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 295/2001

Derawar Ram s/o Lakhu Ram r/o Lathi, Tehsil Pokaran, District
Jaisalmer.
                                                                      ----Petitioner
                                      Versus
State of Rajasthan
                                                                    ----Respondent


For Petitioner(s)            :    Mr.L.D.Khatri.
For Respondent(s)            :    Mr.Mahipal Bishnoi, P.P.



              HON'BLE MR. JUSTICE KULDEEP MATHUR

                                      ORDER

06/09/2023

This criminal revision petition under Section 397 read with

401 Cr.P.C. has been preferred against the judgment dated

23.5.2001 passed by learned Sessions Judge, Jaisalmer in

Cr.Appeal No.32/1998 whereby the judgment dated 9.11.1998

passed by learned Additional Chief Judicial Magistrate, Pokaran in

Cr.Original Case No.573/93 (483/84) was upheld and the

petitioner was convicted and sentenced as below:

Conviction for offences                                Sentences
under Sections:
409 IPC               2 years' rigorous imprisonment and a fine of

Rs.5000/- and in default of payment of fine, to further under undergo 3 months' simple imprisonment.

477-A IPC 1½ years' rigorous imprisonment and a fine of Rs.3500/- and in default of payment of fine, to further under undergo 2 months' simple imprisonment.

Both the sentences were ordered to run concurrently.

[2023:RJ-JD:29049] (2 of 3) [CRLR-295/2001]

A perusal of the record reveals that the petitioner while

working on the post of Branch Manager, Post Office, Aaskandra, on

24.04.1978, embezzled an amount to the tune of Rs.2,693/-,

which was handed over to him by the Sarpanch of Gram

Panchayat, Aaskandra to be deposited into the General Savings

Account. The petitioner had made entries in the passbook and

signed it but had not made the subsequent entries in the General

Savings Bank Account and the Branch Dakpal Registry. The

petitioner was tried for the offences alleged against him and

convicted vide judgment dated 9.11.1998. The appeal filed against

judgment dated 09.11.1998 was upheld by the appellate court

vide judgment dated 23.5.2001.

Learned counsel for the revisionist-petitioner submitted that

the sentences so awarded to the revisionist-petitioner were

suspended by this Court, vide order dated 7.6.2001 passed in S.B.

Criminal Suspension of Sentences (Bail) Application No.53/2001.

Learned counsel for the petitioner submitted that the

petitioner had undergone detention for some period and the case

is pending against him since 1984. Learned counsel for the

petitioner submitted that the petitioner is facing agony of a long

protracted trial and therefore, without making any interference on

merits/conviction, the sentences awarded to the present

revisionist-petitioner may be substituted with the period of

sentences already undergone by him.

Learned counsel relied on judgments rendered by Hon'ble

the Supreme Court of India in the cases of Alister Anthony

Pareira Vs. State of Maharashtra (2012)2 SCC 648 and

Haripada Das Vs. State of W.B. (1998)9 SCC 678.

[2023:RJ-JD:29049] (3 of 3) [CRLR-295/2001]

Learned Public Prosecutor opposes the submissions made on

behalf of the petitioner. However, he was not in a position to

dispute that the present revision petition is pending since 2001.

Heard.

This Court after perusing the impugned judgments finds that

the alleged incident related to year 1978. This Court is aware that

there can be no straitjacket formula to sentence an accused for an

offence. After passing of almost 45 years from the date of alleged

incident, this Court is of the firm view that the present revision

deserves acceptance to the extent of limited prayer made before

this Court.

Accordingly, while maintaining the conviction of the

petitioner for the offences under Sections 409 and 447-A IPC, the

sentences awarded to him are reduced to the period already

undergone by him. The petitioner is on bail. He need not

surrender. His bail bonds stand discharged accordingly.

The instant revision petition stands allowed in above terms.

All pending applications stand disposed of.

Record of the case be sent back to the learned court below

forthwith.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.6

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