1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 71 of 2016 • Umendiram, S/o Panditram Gond, aged about 76 Years, R/o Village Pewari, Police Station Dondi, Civil and Revenue District Balod, Chhattisgarh. ... Applicant versus • State of Chhattisgarh, Through District Magistrate Balod, Station House Officer Balod, District Balod, Chhattisgarh. ... Non-applicant For Applicant : Mr. Amit Kumar Sahu, Advocate on behalf of Mr. R.K. Pali, Advocate. For Non-applicant : Mr. Deepak Kumar Singh, P.L. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 23.01.2025 1. The applicant has preferred this revision petition under Section 397 read with Section 401 of Cr.P.C. against the order dated 12.01.2016 passed by the learned Sessions Judge, Balod, District Balod, C.G, in Criminal Appeal No.49/2015, affirming the judgment dated 30.04.2015 passed in Criminal Case No.200/2013 by the Judicial Magistrate First Class, Balod, C.G, whereby the applicants was convicted and sentenced as under:- Conviction Sentence Under Section 420 of Indian Penal Code (for short 'IPC') Rigorous Imprisonment for one year and fine of Rs.100/-, in default of payment of fine amount to undergo additional rigorous imprisonment for one month AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2025.01.23 17:41:00 +0530 2 Under Section 419 of IPC Rigorous Imprisonment for one year Under Section 120-B of IPC Rigorous Imprisonment for six months (All sentences were directed to run concurrently) 2. Case of the prosecution, in brief, is that complainant- PW-1 Shatrughan Lal lodged a report at police station Balod stating therein that present applicant with the help of other co-accused persons furnished bail bonds and took surety of the accused persons namely Halakhoor and others persons in Criminal Case No.725/2002 pretending himself to be one Bisahu Ram Sahu and affixed his own photograph in the affidavit of one Bisahu Ram Sahu and upon inquiry, it was found that applicant is not the real person and pretending himself to be Bisahu Ram Sahu and thereby committed the aforesaid offences. During investigation, statements of the witnesses were recorded and accused / applicant was taken into custody vide Ex.P-8. 3. After completion of investigation, charge sheet has been filed against the applicant and other co-accused persons for the offence under Sections 419, 205, 420 & 120-B of IPC before the Court of Judicial Magistrate First Class, Balod, C.G. The accused persons abjured their guilt and prayed for trial. 4. The Court of learned JMFC, after appreciation of oral and documentary evidence, acquitted the other co-accused persons, but convicted and sentenced the applicant and co-accused Manohar Lal as mentioned above. The judgment of JMFC was challenged by the applicant and co- accused Manohar Lal in criminal appeal, however, the Appellate Court vide judgment dated 12.01.2016, acquitted the co-accused Manohar Lal and convicted and sentenced the present applicant as mentioned in the 3 Para No. 1 of this order. Hence, this revision. 5. Learned counsel for the applicant submits that he does not want to press this revision on merits and confines his argument only on the sentence part. It is also argued by counsel for the applicant that at the time of incident, the applicant was aged about 50 years (as per final report) and now, he would be more than 72 years and in this case, the applicant has already remained in jail for more than 3 months i.e. from 01.10.2003 to 16.12.2003 (2 months and 16 days) and from 12.01.2016 to 29.01.2016 (18 days) i.e. total 3 months 4 days. He has no criminal antecedents and he is facing lis since 2003 i.e. about 22 years. He also submits that the fine amount has already been deposited with the concerned trial Court. Therefore, it is prayed by counsel for the applicant that the jail sentence awarded to him may be reduced to the period already undergone by him. 6. On the contrary, learned State counsel opposed the revision and supported the impugned judgment. 7. I have heard learned counsel for the parties and perused the material available on record. 8. So far as conviction of the applicant is concerned, considering the statements of complainant / PW-1 Shatrughan Lal, PW-2 Arun Singh and PW-3 Ramadhin and the other evidence available on record, this Court is of the opinion that the finding recorded by the Court of JMFC as well as Appellate Court, being based on the evidence available on record, is a correct finding of fact. Therefore, I hereby affirm the said finding of conviction of applicant. 4 9. As regards the sentence part, considering the facts and circumstances of the case, in particular the fact that the incident is of the year 2003, at that time, age of the applicant was 50 years and at present, he would be more than 72 years; he has no criminal antecedents; further considering the fact that the applicant remained in jail for more than 3 months; there is nothing on record to show that he misused the liberty while he was on bail during pendency of present revision; in the considered opinion of this Court, no fruitful purpose would be served in sending the applicant back to jail at this stage and rather it would be justifiable if he is sentenced to the period already undergone by him. Ordered accordingly. However, the fine amount with default sentence imposed by the trial Court as well Appellate Court for the aforesaid offences shall remain intact. All the sentences are directed to run concurrently. 10. Consequently, the revision is partly allowed. While maintaining conviction of the applicant for the aforesaid Sections, the sentence imposed thereunder by the Court of JMFC as well as Appellate Court is hereby modified and he is sentenced to the period already undergone by him. 11. It is reported that the applicant is on bail. His bail bonds are not discharged at this stage and the same shall remain operative for a further period of six months in light of Section 437-A of the Cr.P.C. 12. Records of the Court below be sent back along with a copy of this order forthwith for information and necessary compliance. Sd/- (Radhakishan Agrawal) Judge Akhilesh