Shyam Lal vs State (2024:Rj-Jd:37854)
2024 Latest Caselaw 7976 Raj

Rajasthan High Court - Jodhpur

Shyam Lal vs State (2024:Rj-Jd:37854) on 11 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:37854]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
              S.B. Criminal Revision Petition No. 90/2005

Shyam Lal aged about 28 years s/o Shri Maga Ram alias Mangu
Ram Ji, by caste Sindhi, resident of 2-Chh-58, Housing Board,
Pali
(At present lodged in District-jail Pali)
                                                                   ----Petitioner
                                    Versus
State of Rajasthan through PP
                                                                 ----Respondent


For Petitioner(s)           :   Mr. Om Singh.
For Respondent(s)           :   Mr. Dhanraj Vaishnav, PP.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

11/09/2024

1. Heard the parties.

2. This criminal revision is against judgment of conviction dated

09.09.2004 passed by the learned Chief Judicial Magistrate, Pali

in Criminal Case No.3/2000, whereby the petitioner was convicted

for offences under Section 457 IPC and sentenced to 1 year

rigorous imprisonment alongwith fine of Rs.500/- and in default of

payment of fine, to further undergo 1 month simple imprisonment.

Under Section 380 IPC, the petitioner was awarded simple

imprisonment of 1 year and fine of Rs.500/- and in default of

payment of fine, to further undergo 1 month simple imprisonment.

3. The conviction was challenged before the Learned Sessions

Judge, Pali in Criminal Appeal No.52/2004, which was dismissed

vide judgment dated 24.01.2005.

[2024:RJ-JD:37854] (2 of 2) [CRLR-90/2005]

4. Learned counsel for the petitioner does not want to press

this criminal revision petition on merit, however, submits that the

petitioner has already undergone the trauma of criminal litigation

since last 20 years. No previous conviction is proved against the

petitioner. The Courts below have not assigned any special reason

as referred under Section 361 Cr.P.C. to not allow the benefit of

the Probation of Offenders Act to the petitioner. Petitioner who has

already remained in jail for about 2 months.

5. For substantial justice, the sentence awarded against the

petitioner is reduced to the period already undergone.

6. With the aforesaid reduction of sentence, this criminal

revision petition stands disposed of.

(BIRENDRA KUMAR),J 3-sumer/-

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