Rajasthan High Court
Anwar And Anr And Anr vs State (2024:Rj-Jp:6908) on 7 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:6908]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 886/2005
1. Anwar S/o Sattar, r/o Girara Mohalla Chhokarwada, Police
Station Bhusawar, District Bharatpur. Presently resident of
Kachchi Basti, Police Station Bhatta Basti, Jaipur.
2. Manjoor S/o Rustam, r/o Village Tarkama Police Station
Bhusawar, District Bharatpur. Presently resident of Sanjay
Nagar Kachchi Basti, Police Station Bhatta Basti, Jaipur.
Both at present in Central Jail, Jaipur.
-----Accused-Petitioner
Versus
The State of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Harendra Singh
For Respondent(s) : Mr. Suresh Kumar - PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
07/02/2024
1. The matter pertains to an incident which occurred in the year
2002 and the present criminal revision is pending since the year
2005.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 05.09.2005 passed by learned Special Judge No.1, Jaipur
City, Jaipur in Criminal Appeal No.59/2005, whereby, the learned
appellate court while partly allowing the appeal of the accused-
petitioners has upheld the judgment of conviction dated
20.02.2003 passed by the learned Additional Civil Judicial (Junior
[2024:RJ-JP:6908] (2 of 3) [CRLR-886/2005]
Division) & Judicial Magistrate No.12, Jaipur City, Jaipur in
Criminal Case No.341/2002 and reduced the sentence as under:-
Section 380 IPC :
Six months' simple imprisonment each alongwith a fine of
Rs.500/- each and in default of payment of which, they were
further ordered to undergo one month's simple imprisonment
each.
3. Learned counsel for the revisionist-petitioners submits that
the sentence so awarded to the revisionist-petitioners was
suspended by this Hon'ble Court vide order dated 29.09.2005
passed in S.B. Criminal Misc. Bail Application No.234/2005.
4. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that the petitioners have already
remained in custody for a period of 26 days, without making any
interference on merits/conviction, the sentence awarded to the
present revisionist-petitioners may be substituted with the period
of sentence already undergone by them.
5. Learned Public Prosecutor opposes the same. He submits
that as per report of SHO, Police Station Vishwakarma, Jaipur
(West), accused-petitioner No.1 - Anwar is presently confined in
Central Jail, Jaipur in FIR No.75/2015 under Sections 302, 394 &
34 IPC, Police Station Khonagaurian and accused-petitioner No.2 -
Manjoor is residing at his residence.
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
[2024:RJ-JP:6908] (3 of 3) [CRLR-886/2005]
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..."
7. In light of the limited prayer made on behalf of the
petitioners and keeping in mind the aforementioned precedent
laws, the present criminal revision petition is allowed. Accordingly,
while maintaining conviction of the petitioners for the offence
under Section 380 IPC, the sentence awarded to them is reduced
to the period already undergone by them and imposition of fine by
the trial court is maintained. The petitioner No.1 - Anwar is in
custody. He shall be released forthwith, if not wanted in any other
case. The petitioner No.2 - Manjoor 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
21-ASHWINI KUMAR CHOUHAN /680
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