Rajasthan High Court
Babulal And Anr vs State (2024:Rj-Jp:7361) on 7 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:7361]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 854/2005
1. Babulal S/o Ghasilal,
2. Bhanwarlal S/o Ramlal,
Both r/o Piplod, P.S. Atru, District Baran (Raj.).
(At present in District Jail, Baran)
----Accused/Petitioners
Versus
The State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. S.K. Jain
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
2000 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 22.06.2005 passed by learned Additional Sessions Judge,
Chhabra, District Baran in Criminal Appeal No.13/2000, whereby,
the learned appellate court while dismissing the appeal of the
accused-petitioners has upheld the judgment of conviction and
order of sentence dated 16.11.2000 passed by the learned Civil
Judge (Junior Division) & Judicial Magistrate, Atru, District Baran
in Criminal Case No.396/2000, whereby, the revisionist-petitioners
were convicted and sentenced as under:-
[2024:RJ-JP:7361] (2 of 3) [CRLR-854/2005]
Section 379 IPC :
One year's simple imprisonment alongwith a fine of
Rs.1,000/- and in default of payment of fine, they were
further ordered to undergo one month's simple
imprisonment.
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 28.10.2005
passed in S.B. Criminal Bail Application No. 217/2005.
4. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that the petitioners have already
remained in custody for a period of 5 month and 5 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.
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
[2024:RJ-JP:7361] (3 of 3) [CRLR-854/2005]
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 379 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 petitioners are on bail. They
need not surrender. Their 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
18-ASHWINI KUMAR CHOUHAN /680
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