1 2025:CGHC:2320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 596 of 2015 1 - Pawan Kumar S/o Shri Briz Lal Aged About 24 Years R/o Near Mines Office, Rajhara, Police Station And Po Rajhara Distt. Balod Chhattisgarh. 2 - Jasbeer @ Jassi S/o Shri Kashmira Singh Aged About 36 Years R/o Near Fire Brigade Office, Tebular Shed Rajhara, Police Station And Post Office Rajhara, Distt. Balod Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Rajhara, Distt. Balod Chhattisgarh. , Chhattisgarh ... Non-Applicant(s) For Applicant(s) : None. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 14/01/2025 1. None appears nor any representation made on behalf of the applicant to press this revision petition when the case is called out, but taking into account that the matter is old one, the Court proceeds to consider and decide the matter with the assistance of State counsel. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.15 18:47:01 +0530 2 2. Ms. Ankita Shukla, learned Panel Lawyer, appearing for the respondent/State, is present. 3. This criminal revision is directed against the judgment dated 09.07.2015 passed by the learned Sessions Judge, Balod, District - Balod (C.G.) in Criminal Appeal No.45/2015, affirming the judgment dated 23.04.2015 passed by the Judicial Magistrate First Class, Dallirajhara, District Balod (C.G.) in Criminal Case No.374/2014, whereby the learned JMFC, Balod has convicted the applicant for offence under Section 379/34 of the IPC and sentenced to undergo RI for one year and fine of Rs.500/-, in default of payment of fine to further undergo RI for one month. 4. The prosecution case, in brief, is that on 15.08.2014 at about 8.30 am, the complainant went to drop his children to school and has parked his motorcycle bearing registration No. CG-07-ZE-4268 in front of Utkal Samiti School and went inside the school but when he came back, he found that his motorcycle was not there, he searched but he could not found so, thereafter he has lodge FIR against unknown person in Police Station Rajhara Distt. Balod (CG) and Police have registered Crime No. 182/2014 for offence under section 379 of IPC against unknown person. 5. The learned Judicial Magistrate First Class, Dallirajhara Distt. Balod (CG) has trialed and persecution has examined 7 witnesses and 9 documents have been exhibited after consideration of the case Learned Court below has passed the Judgment of conviction and sentence dated 23.04.2015 and sentence awarded to the applicant 3 as RI for one year and fine Rs. 500/-, in default in payment of fine to further undergo RI for one month. 6. Being aggrieved by the same the applicant has filed an appeal before the Learned Sessions Judge Balod Distt. Balod (CG), which was dismissed, the learned appellate Court has affirmed the conviction and sentenced awarded by the trail Court. Hence, this revision petition. 7. Learned State counsel submits that both the Courts below have rightly convicted and sentenced the applicant, in which no interference is called for. 8. I have perused the impugned order and other documents appended with criminal revision. 9. From perusal of the records, it transpires that the trial Court, after considering the material available on record and evidence of the prosecution witnesses, has convicted the applicant for offence under Sections 379/34 of the IPC and sentenced to undergo R.I. for one year and fine of Rs. 500/- in default of payment of fine to further undergo RI for one month. In an appeal preferred by the applicant, the appellate Court has maintained the conviction and sentence of the applicant for the offence punishable under Section 379/34 of IPC. 10. Considering the concurrent findings given by the trial Court as well as the appellate Court, I am of the view that the appellate Court has 4 not committed any illegality or infirmity in affirming the sentence of the applicant for offence under Section 379/34 of the IPC. 11. Now considering the question of sentence. As the applicant has faced criminal trial since 2014 till 2015 and thereafter more than 09 years have been elapsed, considering the age of the applicant at present and further considering that the applicant has already undergone about 3 months 26 days of jail sentence as the appellate Court has affirmed the conviction and sentence awarded by the trial Court in Criminal Case No.374/2014 and bail was granted to him by this Court only on 24.07.2015, there would be no useful purpose to send the applicant again in jail as he has already suffered undergone sentence and also agony of criminal trial for so many years, that meets the ends of justice. So this Court finds it appropriate to reduce the sentence from RI for one year under Section 379/34 of the IPC to the period already undergone by the applicant i.e. about 3 months 26 days of jail sentence. Ordered accordingly. 12. The criminal revision is partly allowed to the extent indicated herein-above. 13. Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil