Derawar vs State Of Raj (2023:Rj-Jd:29048)
2023 Latest Caselaw 6935 Raj

[2023:RJ-JD:29048]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 293/2001

Derawar 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.34/1998 whereby the judgment dated 21.11.1998

passed by learned Additional Chief Judicial Magistrate, Pokaran in

Cr.Original Case No.572/93 (485/85) (172/82) was modified and

the petitioner was convicted and sentenced as below:

Conviction for offences                               Sentences
under Sections:
408 IPC              6 months' rigorous imprisonment and a fine of

Rs.3000/- and in default of payment of fine, to further under undergo 3 months simple imprisonment.

From the perusal of record of the case file, it is revealed that

the petitioner had been working as Post Master in Branch

Aaskandra. During investigation, it was found that entries were

not made in the cash book for the period from 01.07.1981 to

[2023:RJ-JD:29048] (2 of 3) [CRLR-293/2001]

09.07.198. The allegation levelled against the petitioner of

misappropriating amounts from the post office were found to be

substantiated by cogent evidence by learned court below who vide

judgment dated 21.11.1998 convicted the revisionist- petitioner

for offence under Section 408 IPC. The appeal preferred against

judgment dated 21.11.1998 came be partly accepted by the

learned appellate court vide judgment dated 23.5.2001 and the

sentences awarded to the petitioner to suffer 1½ years' rigorous

imprisonment was reduced to 6 months' rigorous imprisonment.

A perusal of the judgments impugned makes it evident that

the alleged incident happened in the year 1981 and the present

revision petition has remained pending since 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.52/2001.

Learned counsel for the petitioner submitted that the

petitioner had undergone detention for some period and the case

is pending against him since 1993. 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 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.

[2023:RJ-JD:29048] (3 of 3) [CRLR-293/2001]

This Court is conscious of judgments passed 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 observing that there

is no straitjacket formula to sentence an accused on proof of

crime. It was further observed by Hon'ble the Apex Court that the

sentence that would meet the ends of justice depends on the facts

and circumstances of each case and it must be kept in mind the

gravity of the crime, motive for the crime, nature of the offence

and all other attendant circumstances.

In the light of aforesaid discussion and keeping in view the

limited prayer made on behalf of the revisionist-petitioner, the

present revision is partly allowed.

Accordingly, while maintaining the conviction of the

petitioner for the offence under Section 408 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.

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.5

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