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2025 DAILYLAW 17879 (RAJ)

BABU LAL v. STATE

CRLR/621/2006 · 2025-03-26

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:13846] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 621/2006 Babu Lal S/o Munda Ram, R/o Village Bada Gaon, Naithla, Police Station Malakhera, District Alwar (Raj.) (At present in District Jail at Alwar). ----Petitioner Versus State of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. S.S. Sunda For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 26/03/2025 1. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 15.06.2006 passed by the Court of learned Additional Sessions Judge (Fast Track) No.2, Alwar in Criminal Appeal No.11/2006, whereby the conviction judgment dated 19.09.2003 passed by the Court of learned Civil Judge (Jr. Div.) & Judicial Magistrate No.2 Alwar, in Criminal Case No.251/2000, convicting the revisionist-petitioner for the offence under Sections 457, 354, & 323/34 of I.P.C. and sentencing him to undergo two years rigorous imprisonment with fine, was modified the sentence so awarded from two years to one year. 2. Learned counsel for the revisionist-petitioner submits that the sentence, so awarded to the revisionist-petitioner, was suspended by a Co-ordinate Bench of this Court vide its order [2025:RJ-JP:13846] (2 of 3) [CRLR-621/2006] dated 12.07.2006. After arguing to some extent, counsel makes only a limited prayer that without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him. 3. Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the revisionist-petitioner. 4. Heard. Perused. 5. 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 will be met in the facts of the case if the sentence is reduced to the period already undergone...” [2025:RJ-JP:13846] (3 of 3) [CRLR-621/2006] 6. The present matter pertains to an incident which occurred in year 2000 and this revision petition has been pending since year 2006. 7. It is emanating from the record that the petitioner is a pentagenarian and suffering the agony of trial since the year 2000. Hence, in light of the limited prayer made on behalf of the petitioner and keeping in mind the aforementioned precedent laws, the present revision petition is partly allowed. Accordingly, while maintaining the conviction of the petitioner for the offence(s) under Sections 457, 354, & 323/34 of I.P.C., the sentence awarded to the revisionist-petitioner is reduced to the period already undergone by him. The petitioner is not in judicial custody, thus, he need not surrender. His bail bonds stand discharged accordingly. 8. All Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /13