Rajasthan High Court
Lallu Ram vs State (2024:Rj-Jp:44673) on 23 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:44673]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1184/2006
Lallu Ram S/o Rameshwar, R/o Village Devliya, Tehsil Sanganer,
Dist. Jaipur.
(at present lodged in Central Jail, Jaipur)
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Tanmay Dhand
For Respondent(s) : Mr. M.S. Shekhawat, PP
Mr. Rishi Raj Singh Rathore, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
23/10/2024
Learned counsel for the petitioner has submitted that the
present revision petition under Section 397 read with Section 401
of Cr.P.C, is filed assailing the judgment dated 12.10.2006
(Criminal Appeal No. 124/2004) wherein, order dated 11.10.2004
in Criminal Complaint No. 1503/2001 was confirmed, qua which
the petitioner was convicted under section 16 (1)(A)(i) of
Prevention of Adulteration Act, 1954 to undergo rigorous
imprisonment for a period of one year, with a fine of Rs. 1000/-
(Rupees One Thousand Only) and if defaulted, additional period of
two months imprisonment. Moreover, under Section 16(1)(A)(ii) of
the Prevention of Food Adulteration Act, a concurrent sentence to
undergo, for a period of one month simple imprisonment, with a
fine of Rs. 100 (Rupees One Hundred Only) and in defaulted,
further simple imprisonment of seven days, was imposed.
(Downloaded on 25/10/2024 at 10:14:48 PM)
[2024:RJ-JP:44673] (2 of 3) [CRLR-1184/2006]
Learned counsel has submitted that at present the petitioner
is approximately 65 years of age, and trial in the instant matter is
pending from the period of approximately 23 years wherein, the
petitioner has remained in the custody for a period of nine days.
Furthermore, it is submitted that the custody period
undergone by the petitioner ought to be settled, upto the extent
of nine days. Moreover, in support of the same, is placed reliance
upon the judgment of Co-ordinate Bench of this Court in S.B.
Criminal Revision Petition No. 225/2005 titled as Siraju Vs.
State of Rajasthan, S.B. Criminal Revision Petition No.
742/2005, titled as Puran Chand Vs. State of Rajasthan, SB
Criminal Revision Petition No. 1144/2005 titled as Mahaveer
Singh Vs. The State of Rajasthan, and S.B Criminal Revision
Petition No. 115/2005 titled as Kalu Lal Vs. State of
Rajasthan.
Per contra, learned Public Prosecutor has opposed the
present petition, however is unable to refute that the factual
matrix of the instant matter is akin to the judgments cited by the
learned counsel for the petitioner.
Heard and considered.
Considering the contentions made by the learned counsel for
the parties, scanning the records and considering the judgment
cited at the Bar, this Court has made the following observation:-
(I) That the fact that the incident pertains to the year 2001 is
undisputed.
(ii) That the petitioner is a senior citizen, and is approximately
65 years of age as on date.
[2024:RJ-JP:44673] (3 of 3) [CRLR-1184/2006]
(iii) That the petitioner has already faced mental agony and
trauma due to the trial pending from a period of approximately 23
years.
(iv) That the petitioner has also remained in the custody for a
period of nine days during the said trial.
Accordingly, this petition is partly allowed, while maintaining
the sentence of the petitioner under Section 7/16 of the Act of
1954 and under Rule 50(1) of the PFA Rules, 1955 read with 7/16
of the Act of 1954. The sentence awarded to the petitioner for the
aforesaid offence is reduced by the period already undergone by
him i.e. nine days. The amount of fine is here maintained and one
months time is granted to the petitioner to deposit the amount of
fine before the Trial Court. The petitioner is on bail, therefore is
not required to surrender. Hence, his bail bonds stand discharged.
The petitioner is directed to furnish a personal bond of
Rs.25,000/- with a surety bond of alike amount in accordance with
the Section 437-A Cr.P.C. before the Trial Court within a period of
three months from today to the effect that in the event of filing of
Special Leave to Petition against the judgment or on grant of
leave, the petitioner on receipt of notice thereof, shall appear
before the Apex Court.
Record of the Trial Court be sent back forthwith.
Accordingly, the present petition is partly allowed. Pending
applications, if any, stands disposed of.
(SAMEER JAIN),J
Neeru/22
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