Rajasthan High Court - Jodhpur
Ram Kumar @ Suresh vs State Of Rajasthan (2025:Rj-Jd:29562) on 8 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:29562]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1329/2019
Gajanand @ Gaju S/o Mangtu Ram, Aged About 30 Years, B/c
Khatid, R/o Ward No. 13, Khatiko Ka Mohalla, Luharu Police
Station Luharu District Bhiwani (Haryana). (At Present Lodged In
Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 1330/2019
Ram Kumar @ Suresh S/o Gugan Ram, Aged About 25 Years, B/
c Khatik, R/o Purana Shahar Mata Chowk, Ward No. 13, Luharu
P.s. Luharu District Bhiwani (Haryana). (At Present Lodged In
Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/07/2025
1. The instant revision petitions have been preferred by the
accused-petitioners challenging the judgment of conviction
and order of sentence passed by the learned Judicial
Magistrate, Taranagar, District Churu, as well as the
judgment passed in appeal by the learned Additional
[2025:RJ-JD:29562] (2 of 5) [CRLR-1329/2019]
Sessions Judge No.1, Rajgarh Camp Taranagar, whereby the
finding of guilt and the order of sentence were affirmed.
2. Learned counsel Shri Vikas Bijarnia, appearing for the
petitioners, submits that the sentences awarded to the
petitioners have been served by them, at least in part. He
further states that, having regard to the evidence available
on record, he does not wish to challenge the finding of guilt
or the sustainability of the judgment of conviction and its
affirmation by the learned appellate Court. It is submitted
that petitioner Ram Kumar @ Suresh has already undergone
the sentence awarded to him, and petitioner Gajanand @
Gaju, though remained in custody for some time, was
subsequently released on bail after his application for
suspension of sentence was allowed.
3. Learned Public Prosecutor has, of course, been able to
defend the case on merits but does not refute the fact that
the petitioner has remained behind the bars for a significant
time.
4. For the satisfaction of this Court, the niceties of the matter
have been looked into, and upon a cursory perusal of the
evidence brought on record, particularly the recovery memo
and the statements of PW-3 and PW-8, this Court is of the
view that no error has been committed by the learned trial
Court in convicting the petitioners, nor by the appellate
Court in affirming the finding of guilt. Since the revision
petition against conviction is not pressed and after perusing
[2025:RJ-JD:29562] (3 of 5) [CRLR-1329/2019]
the material, nothing is noticed which requires interference
in the finding of guilt reached by the learned trial Court and
affirmed by the appellate Court, this Court does not wish to
interfere in the judgment of conviction. Accordingly, the
judgment of conviction is maintained.
5. As far as the question of sentencing is concerned, petitioner
Ram Kumar @ Suresh has already completed the sentence
by undergoing the term of imprisonment awarded to him.
Hence, no further order is required in this regard. If he has
not been released till now and is not required to be detained
in connection with any other case, he shall be released
forthwith.
6. Accordingly, S.B. Criminal Revision Petition No. 1330/2019 is
disposed of.
7. As regards petitioner Gajanand @ Gaju, it is noted that he
remained in custody intermittently--initially during
investigation and later during trial. The incident in question
occurred in the midnight of 27.05.2017, and the petitioner
has faced the rigours of criminal proceedings for a protracted
period of nearly eight years. It is also revealed from the
record that he has no criminal antecedents, having never
been convicted in any other criminal case. The present case
pertains to theft of household items from a residence and
the accused has been awarded sentence of two years'
imprisonment, some part of which has already been
undergone by the petitioner.
[2025:RJ-JD:29562] (4 of 5) [CRLR-1329/2019]
8. This Court adopts a reformative approach in the matter of
sentencing. In such cases, the provisions of Section 360
Cr.P.C., as well as Sections 3 and 4 of the Probation of
Offenders Act, 1958, apply mutatis mutandis. The question
as to why the benefit of probation should not be extended to
the accused has not been considered by either the learned
trial Court or the appellate Court. Section 361 Cr.P.C. casts a
duty upon the Court to record special reasons for not
granting the benefit of probation where it is otherwise
applicable. In the opinion of this Court, the order of
sentence, to this extent, suffers from non-compliance with
the legal mandate and is inconsistent with the reformative
principle of sentencing followed in our criminal justice
system.
9. The other theories of punishment, such as retributive,
deterrent, and preventive, are not predominant in the
present context. Considering the prolonged duration of the
trial, the fact that the petitioner remained in custody for over
two months, absence of any compelling reason for awarding
further sentence, and his socio-economic background--being
a member of the Scheduled Caste community and a resident
of a small village--a sympathetic view is warranted.
10. In view of the foregoing, this Court is of the considered
view that the period already undergone by the petitioner
would serve the ends of justice, and there is no justification
in directing him to undergo the remaining sentence.
[2025:RJ-JD:29562] (5 of 5) [CRLR-1329/2019]
Accordingly, the sentence awarded to him is reduced to the
period already undergone. As he is on bail, he need not
surrender. His bail bonds stand cancelled.
11. Accordingly, S.B. Criminal Revision Petition No.
1329/2019 is disposed of.
12. Miscellaneous proceedings and any pending
application(s), if any, also stand disposed of.
13. The record be sent back forthwith.
(FARJAND ALI),J
85-divya/-
Powered by TCPDF (www.tcpdf.org)
