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2025 DAILYLAW 2314 (RAJ)

SURJAN SINGH v. STATE

CRLR/69/2007 · 2025-07-02

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:24317] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 69/2007 Surjan Singh Son of Shri Thakur Das Resident of G-1, Gali No. 6, Brahampuri Delhi At present Gram Majupur, Thana Goda, District Aligarh, (U.P) At present confined Central Jail Sevar Bharatpur(Raj) ----Petitioner Versus State of Rajasthan Through Public Prosecutor, Rajasthan High Court Jaipur Bench Jaipur (Raj) ----Respondent For Petitioner(s) : Mr. Devendra Raj Sain for Mr. D.D. Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/07/2025 1. Instant revision petition is preferred by petitioner accused Surjan Singh aggrieved from judgment of conviction dated 15.10.2003 in criminal case no. 216/2003 and affirmed by order dated 17.01.2007 in criminal appeal no. 132/2003 by learned Special Judge (Dacoity Affected Areas) Bharatpur and further amended sentence by learned Special Judge, Dacoity Affected Areas, Bharatpur by order dated 17.01.2007. 2. Learned counsel for petitioner has filed a misc. application no. 1/2025 and submits that the petitioner has undergone some part of the sentence and since the matter pertains to 1995 and there is no other criminal antecedent against the petitioner, so considering the period already suffered by him while facing the criminal proceedings from registration of report to disposal of this [2025:RJ-JP:24317] (2 of 2) [CRLR-69/2007] revision petition the sentence passed against the petitioner be reduced in such a manner that he may not be required not to undergo further sentence and the matter be disposed with sentence already undergone by him. He further submits that he undertakes not to press the order of conviction passed by learned trial court and affirmed by appellate court. 3. Learned Public Prosecutor has submitted report received from concerned police station and alongwith custody details. The petitioner has served sentence of two months and twenty one days. The amended sentence is six months with fine of ₹500/-. 4. Having considered the submissions of learned counsel for petitioner and on perusal of material placed on record, the judgment of conviction dated 15.10.2003 and upheld in criminal appeal on 17.01.2007 is hereby affirmed but the sentence awarded by learned Special Judge (Dacoity Affected Areas) Bharatpur by order dated 17.01.2007 in criminal appeal no. 132/2003 is hereby reduced to already undergone by petitioner Surjan Singh. 5. After set off the petitioner is not required to undergo any further sentence and surrender before the trial court or appellate authority, therefore, the matter stands closed and the revision petition stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /20