Mohan Singh vs State (2024:Rj-Jp:7687)
2024 Latest Caselaw 1126 Raj/2

Citation : 2024 Latest Caselaw 1126 Raj/2
Judgement Date : 14 February, 2024

Rajasthan High Court

Mohan Singh vs State (2024:Rj-Jp:7687) on 14 February, 2024

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2024:RJ-JP:7687]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Criminal Revision Petition No. 589/2003

Mohan Singh S/o Anaar Singh, r/o Bhimganj Mandi, District
Kota.
(Presently confined in District Jail, Baran)
                                                         ----Accused-Petitioner
                                    Versus
The State of Rajasthan through P.P.
                                                                 ----Respondent

For Petitioner(s) : Mr. N.A. Naqvi Senior Advocate assisted by Mr. Shubhang Sharma For Respondent(s) : Mr. Imran Khan - PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 14/02/2024

1. The matter pertains to an incident which occurred in the year

1986 and the present criminal revision is pending since the year

2003.

2. This criminal revision petition under Section 397 read with

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

dated 23.04.2003 passed by learned Additional Sessions Judge,

Baran in Criminal Appeal No.04/2001, whereby, the learned

appellate court while dismissing the appeal of the accused-

petitioner has upheld the judgment of conviction and order of

sentence dated 02.08.2000 passed by the learned Additional Chief

Judicial Magistrate, Baran in Criminal Case No.183/1998, whereby,

the revisionist-petitioner was convicted and sentenced as under:-

Section 409 IPC :

Five years' rigorous imprisonment alongwith a fine of Rs.2,000/- and in default of payment of fine, he was further ordered to undergo six months rigorous imprisonment.

[2024:RJ-JP:7687] (2 of 3) [CRLR-589/2003]

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 07.07.2004

passed in S.B. Criminal Misc. Suspension of Sentence/Bail

Application No.73/2003.

4. Learned counsel for the revisionist-petitioner, however,

makes a limited submission that the petitioner has already

remained in custody for a period of 1 year, 7 months and 23 days,

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..."