Rajasthan High Court - Jodhpur
Shankar Lal vs State (2025:Rj-Jd:14750) on 19 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:14750]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 590/2007
Shankar Lal S/o Shri Onkar Lal Choudhary, R/o Chansda, Police
Station Kurabad, Tehsil Girwa, District Udaipur
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Vinod Sharma
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/03/2025
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
27.06.2007 passed by learned Addl. Sessions Judge (Fast Track)
No.2, Udaipur, (hereinafter referred to as 'the appellate court') in
Criminal Appeal No.37/2007 by which the appellate court
dismissed the appeal of the petitioner and upheld the judgment
dated 02.05.2007 passed by the learned Judicial Magistrate No.1
(South), Udaipur, (hereinafter referred to as 'the trial court') in
Criminal Original Case No.754/2006, whereby, the learned trial
court convicted the present petitioner for offence under Sections
16 & 19/54 of Rajasthan Excise Act and sentenced him for a
period of six months' S.I. and a fine of Rs.2,000/- and in default of
payment of fine, he shall further undergo fifteen days' S.I.
Brief facts of the case are that on 12.05.2001
Superintendent of Excise Department received an information with
[2025:RJ-JD:14750] (2 of 4) [CRLR-590/2007]
regard to illegal liquor in a house. Upon which, the Superintendent
alongwith the Officials made a search of accused petitioner
Shanker Lal, from where some bottles of liquor were recovered
and that too without any license or permit. On this report, the
police registered the case against accused-petitioner for offence
under Section 19/54 of Rajasthan Excise Act and started
investigation.
On completion of investigation, the police filed challan
against the accused-petitioner for offence under Sections 16/54 &
19/54 of Rajasthan Excise Act. Thereafter, the charges of the case
were framed against the accused-petitioner for the aforesaid
offence, who denied the charges and claimed trial.
During the course of trial, the prosecution examined seven
witnesses and also exhibited certain documents. Thereafter,
statement of the accused-person was recorded under section 313
Cr.P.C. and also examined one witness in defence.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 02.05.2007 convicted and sentenced
the accused-petitioner for offences as mentioned earlier.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
came to be dismissed vide judgment dated 27.06.2007. Hence,
this revision petition.
At the threshold, counsel for the petitioner does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 2001 and the petitioner has so far
suffered a sentence of about twenty six days, out of total sentence
[2025:RJ-JD:14750] (3 of 4) [CRLR-590/2007]
of six months' S.I. In such circumstances, it is prayed that the
substantive sentence awarded to the accused-petitioner for the
offence under Sections 16 & 19/54 of Rajasthan Excise Act may be
reduced to the period already undergone by him.
On the other hand, the learned Public Prosecutor vehemently
opposed the submissions made by the learned counsel for the
accused-petitioner. The learned Public Prosecutor submitted that
there is neither any occasion to interfere with the sentence
awarded to the accused petitioner nor any compassion or
sympathy is called for in the said case.
I have perused the evidence of the prosecution as well as
defence and the judgment passed by the courts below regarding
conviction of the accused-petitioner.
It is not disputed that the occurrence has taken place in the
year 2001 and the accused-petitioner has so far undergone a
period of twenty six days' incarceration, out of total sentence of
six months' S.I., and so also suffered the mental agony and
trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the accused-petitioner has
remained behind the bars for considerable time, it will be just and
proper if the sentence awarded by the trial court for offence under
Section 16 & 19/54 of Rajasthan Excise Act and affirmed by the
appellate court is reduced to the period already undergone by
him.
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioner's conviction for offence under
Sections 16 & 19/54 of Rajasthan Excise Act, the sentence
[2025:RJ-JD:14750] (4 of 4) [CRLR-590/2007]
awarded to him for aforesaid offences is hereby reduced to the
period already undergone. The fine amount, as imposed by the
learned trial court, is hereby waived. The petitioner is on bail. He
need not surrender. His bail bonds stand discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
25-Ishan/-
Powered by TCPDF (www.tcpdf.org)
