1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 629 of 2016 Arwind Chaturvedani S/o Awadhram Aged About 28 Years R/o. Village Chhanta, P.S. Lalpur, District Mungeli Chhattisgarh , Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station House Officer, Police Station Kawardha, District Kabirdham Chhattisgarh ... Non-applicant For Applicant : Smt. Meena Shastri, Advocate. For Non-applicant/State : Smt. Smita Jha, Panel Lawyer. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 04/04/2025 Heard. 1. This criminal revision preferred by the applicant under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment dated 02.07.2016 passed by the learned Additional Sessions Judge (F.T.C.), Dist. Kabirdham in Criminal Appeal No.18/2016 whereby, the learned appellate Court dismissed the appeal of the applicant while affirming the judgment dated 27.02.2016 passed in Criminal Case No.686/2015 by the Chief Judicial Magistrate, Kabirdham (Kawardha) convicting the applicant under Section 420 of Indian Penal Code (for short, 'IPC') and sentencing him to undergo rigorous imprisonment for 3 years and fine of Rs.1,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for six months. 2. Case of the prosecution, in brief, is that pursuant to advertisement issued Digitally signed by ANJANI KUMAR ALLENA Date: 2025.04.07 14:10:23 +0530 2 between December – January 2013-14 for recruitment of Constables in the Police Force, the complainant - Jageshwar Gilhare (P.W.1) applied for the same and the applicant, who claimed to be acquainted with the senior officers, is alleged to have obtained Rs.3,00,000/- from the complainant on different dates on the false pretext of providing employment in the Police Force but the applicant did not provide any such employment. Thereafter, the complainant, feeling himself being cheated at the hands of the applicant, lodged a written report at the Office of Superintendent of Police, Kabirdham vide Ex.P.1. On the basis of written report, FIR (Ex.P-5) has been lodged against the applicant under Section 419, 420 of IPC. 3. After completion of investigation, charge sheet was filed before the Court of Chief Judicial Magistrate, Kawardha. The applicant abjured the charge and pleaded non-guilty. 4. Learned court of CJM and appellate Court, after appreciation of oral and documentary evidence, convicted and sentenced the applicant as mentioned in opening paragraph. Hence, this revision. 5. Learned counsel appearing for the applicant submits that he does not want to challenge this revision on conviction part and confines his argument to the sentence part only, which according to her is on higher side. She further submits that applicant remained in jail for a period of one year and one month, i.e., from 26.05.2015 till 12.07.2016, on which date, bail was granted to the applicant and he is facing the lis since May, 2015 i.e., for more about 10 years. She also submits that during bail granted by this Court, he never misused the liberty granted to him and that fine amount has already been deposited. On these premises, it is prayed by counsel for the applicant that the jail sentence awarded to applicant may be reduced to the period already undergone by him. 6. On the contrary, learned State Counsel vehemently opposed the revision and supported the impugned judgment. 7. I have heard learned counsel appearing on behalf of the parties and perused the record. 3 8. Considering the statement of the complainant – Jageshwar Gilhare (P.W.1) supported by the evidence of P.W.2 Devnath and P.W.5 Umesh Gilhare Lal as well as the other evidence and material available on record, this Court is of the opinion that the finding recorded by the Court of CJM as well as by the Appellate Court, being based on the evidence available on record, is a correct finding. Therefore, I hereby affirm the said finding of conviction of applicant. 9. As regards the sentence part, considering the facts and nature of the case and further considering the fact that the applicant remained in jail for a period of one year and one month and is facing the lis since May, 2015 i.e. for about 10 years and further that, he is a villager and never misused the liberty granted to him during bail granted by this Court, I am of the view that the ends of justice would be met if, while upholding the conviction imposed upon applicant, the jail sentence awarded to him is reduced to the period already undergone by him. However, the fine amount with default sentence imposed by the Court of CJM as well as that of Appellate Court for the aforesaid offence shall remain intact. 10. Consequently, the revision is partly allowed. The conviction of applicant under the aforementioned Section is affirmed and he is sentenced to the period already undergone by them. 11. Since the applicant is reported to be on bail, therefore, his bail bonds shall remain in force for a period of six months from today in view of provision of Section 437-A of Cr.P.C. Sd/- (Radhakishan Agrawal) JUDGE Anjani